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Thomas  Jefferson 



A    COMFRF-HENSII  E    A  N  A  I.Y  T I  Cil  I.    INDEX 

AndRBW  a.   Lipscomb,    Chairman    Board  of    Gevirnun 


The  Thomas  jEFftRso\  Memorial  Associatio\ 






CopVRIOHT.  1904, 

The  Thomas  Jkfkekson  Memorial 





The  lives  of  institutions,  like  those  of  human 
beings,  have  their  vicissitudes.  This  University 
in  whose  honor  we  are  gathered  together  to-day,  has 
not  been  an  exception.  It  had  a  long  struggle  even 
for  existence.  Joy  and  triumph  followed  when, 
eighty  years  ago,  its  first  comer-stone  was  laid  with 
pomp  and  ceremony  in  the  presence  of  a  distin- 
guished company  which  included  three  illustrious 
men  who  had  filled  the  office  of  President  of  the 
United  States.  A  long  succeeding  period  of  growth, 
prosperity  and  happiness  was  rudely  interrupted  by 
the  desolating  storm  of  war — ^war  raging  with  fury 
around  its  own  temples,  and  driving  even  its  own 
peaceful  children  into  the  grim  work  of  destruction 
and  slaughter.  But  even  war,  which  spares  almost 
nothing,  yet  spared  the  walls  with  their  precious 
contents.  The  heart  of  the  soldier  will  still  melt 
before  the  sad  pleading  of  the  Muse. 

*  An  Address  delivered  by  James  C.  Carter,  LL.  D.,  upon  the  occa- 
sion of  the  Dedication  of  the  new  Buildings  of  the  University, 
June  14,  1898. 

iy         The  University  of  Virginia,  and 

"Lift  not  thy  spear  against  the  Muses'  bower: 
The  great  Emathian  conqueror  bid  spare 
The  house  of  Pindarus,  when  temple  and  tow'r 
Went  to  the  ground;  and  the  repeated  air 
Of  sad  Electra's  poet  had  the  pow'r 
To  save  the  Athenian  walls  from  ruin  bare." 

The  dawn  of  peace  found  the  University  weak  and 
exhausted,  but  not  disheartened.  The  people  of 
Virginia  who  had  learned  to  cherish  it,  its  sons  who 
looked  back  to  it  with  fond  affection,  the  warm- 
hearted and  open-handed  friends  of  learning  in  dis- 
tant  places  came  forward  with  liberal  help.  The 
Muses  returned  and  re-peopled  their  hatmts,  and  a 
new  era  of  prosperity,  stimtdated  by  the  new  national 
life,  began  its  course. 

But  another  stroke  of  adversity  awaited  it, — ^this 
time,  not  from  the  hostile  passions  of  man,  but  from 
the  rage  of  the  elements,  less  savage  indeed,  but  not 
less  unsparing.  Its  very  walls  were  laid  in  ruins  and 
their  precious  treasures  wasted.  But  if  any  evi- 
dence were  needed  to  show  the  extent  to  which  the 
University  had  increased  in  power,  in  grandeur,  in 
usefulness,  and  in  the  esteem  of  the  people  of  Vir- 
ginia and  the  friends  everywhere  of  the  higher  educa- 
tion, it  would  be  found  in  the  undaunted  spirit  with 
which  this  disaster  was  faced.  There  was  an  imme- 
diate resolve  that  it  should  rise  from  its  ashes  in  yet 
fairer  proportions,  more  worthy  of  the  spirit  in  which 
it  was  originally  founded,  better  equipped  for  the 
great  work  to  which  it  was  originally  dedicated,  and 
a  more  glorious  monument  to  the  great  name  forever 
associated  with  it. 

Thomas  Jefferson,  its  Father  v 

This  great  piirpose  has  now  been  accomplished, 
and  we  are  gathered  together  to-day  to  celebrate  its 
completion.  The  scene  before  me  and  around  is  the 
best  evidence  of  the  interest  of  the  occasion.  The 
sons  of  the  University  from  near  and  far  have 
returned  to  the  bosom  of  their  Fair  Mother  to  rejoice 
together  over  her  happiness.  Representatives  of 
other  seats  of  learning  are  here  to  offer  their  con- 
gratulations. The  diplomatic  representative  of  the 
great  empire  at  the  antipodes — an  empire  in  which 
learning  has  for  ages  been  held  in  honor— lends  to 
the  occasion  the  dignity  of  his  presence.  The  vener- 
able Commonwealth  is  here  in  the  person  of  the 
Chief  Magistrate  and  principal  officers  of  state  to 
manifest  her  own  interest  in  an  institution  which  her 
bounty  has  cherished  and  which  has  given  back  in 
return  the  support  upon  which  alone  a  free  Com- 
monwealth can  rest. 

It  is  the  custom  on  such  occasions  to  make  pro- 
vision for  deliberate  utterance  of  the  thoughts  which 
they  are  calculated  to  excite,  and  the  authorities  of 
the  University  have  thought  it  suitable  to  invite  to 
this  office,  not — I  have  been  made  to  feel — ^an  entire 
stranger,  but  a  friend  from  a  distance,  whose  oppor- 
tunities have  not  been  such  as  to  permit  a  close 
observation  of  the  history  and  fortunes  of  the  insti- 
tution. Profoundly  sensible  of  the  honor  thus  con- 
ferred upon  me,  I  cannot  help  feeling  how  inadequate 
I  am  to  its  due  performance.  I  cannot  speak  of  the 
University  of  Virginia  with  all  the  affection  which 

^  Mil 

vi         The  University  of  Virginia,  and  ■ 

the  graduate  cherishes  for  his  Alma  Mater,  nor  with 
the  full  pride  which  the  Virginian  alone  can  feel ;  but 
to  those  who  regard-  -this  institution  as  their  own, 
who  have  control  over  its  destinies,  or  have  been 
reared  within  its  walls,  a  view  of  it,  as  it  appears  to 
outside  observers,  may  not  be  unwelcome,  or  wholly 
uninteresting.  We  are  sometimes  enabled  to  correct 
our  own  conceptions  of  ourselves,  and  qualify  our- 
selves in  some  degree  for  the  better  performance  of 
our  own  duties,  by  learning  what  is  thoi:^ht  of  us 
and  what  is  expected  of  us  by  others. 

Let  me  then  occupy  your  thoughts  for  a  brief  hour 
with  a  sketch,  very  rude  and  imperfect,  of  the  origin 
of  the  University  and  of  its  principal  features  as  they 
appear  to  the  world  at  large,  to  which  I  may  add 
some  allusion  to  its  illustrious  founder,  and  to  the 
political  philosophy  the  teaching  of  which  he  so 
ardently  desired  to  promote. 

Its  origin  offers  a  strong  contrast  with  the  begin- 
nings of  our  principal  seats  of  learning  which  pre- 
ceded it.  Harvard,  Yale,  Columbia  and  Princeton 
began  as  mere  schools  for  humble  colonies,  with  no 
prevision  of  the  great  destinies  which  awaited  them. 
Their  majestic  proportions  have  been  developed  and 
shaped,  during  long  periods  of  time,  by  many  differ- 
ent hands  and  many  varying  influences.  But  the 
University  of  Virginia  sprang  into  life,  in  full  pan- 
oply, from  the  conception  of  a  single  man,  like 
Minerva  from  the  brain  of  Jove.  The  aim  of  its 
founder  was  not  to  supply  merely  local  and  immedi- 


Thomas  Jefferson,  its  Father  vii 

ate  wants,  but  to  make  provision  for  the  growth, 
maintenance  and  glory  of  the  new  civilization  and 
the  new  empire  with  which  his  visions  were  filled. 
No  sketch  can  even  be  outlined  of  the  origin  and 
character  of  this  institution  which  does  not  take  in  as 
a  principal  element  the  figure  of  this  illustrious  man. 
The  leading  feature  in  the  mind  and  character  of 
Thomas  Jefferson  was  a  firm  and  undoubting  belief 
in  the  worth  and  dignity  of  human  nature,  and  in 
the  capacity  of  man  for  self  government.  This  was 
at  once  the  conclusion  of  his  reason  and  the  passion 
of  his  soul.  Whence  it  came  to  him  it  is  difficult  to 
discover;  it  was  not  from  the  sense  of  subjection 
and  oppression  felt  by  an  inferior  class  in  society 
towards  those  above  it,  for  he  belonged  to  the  class 
of  well  to  do,  if  not  wealthy,  Virginia  land-holders; 
not  from  the  venerable  college  of  William  and  Mary, 
in  which  he  was  bred,  for  his  opinions  were  not  the 
cherished  sentiments  of  that  institution;  not  from 
his  early  and  familiar  acquaintance,  to  which  he  has 
acknowledged  his  great  indebtedness,  with  Dr.  Small, 
the  President  of  that  College,  George  Wythe  and 
Gov.  Fauquier,  for  their  tendencies  were  towards 
very  conservative  views;  not  even  from  the  fiery 
eloquence  of  Patrick  Henry,  to  which  he  had  often 
listened  with  admiration, — that  may  have  fanned 
the  flame  in  his  bosom — ^but  indignation  at  the  Stamp 
Act  would  scarcely  have  nerved  him  to  his  early 
effort  in  the  House  of  Burgesses  to  facilitate  the 
mantunission   of  slaves.     It  seems   to  have  been 

viii       The  University  of  Virginia,  and 

inborn;  but  whether  inborn  or  communicated,  it 
ruled  his  life;  it  burst  from  him  like  the  peal  of  an 
anthem  when  he  came  to  pen  the  immortal  Declara- 
tion ;  his  long  residence  in  Europe  only  confirmed  it ; 
the  excesses  of  the  French  Revolution  had  no  effect 
to  abate  it,  and  it  breathes  through  every  line  of  his 
public  utterances  from  his  seat  as  President  of  the 
United  States;  it  was  the  foundation  of  his  virtues 
and  the  source  of  his  errors ;  and  not  only  the  source 
of  these,  but  the  cause  of  the  false  imputation  to  him 
of  errors  he  never  committed ;  his  friendships  and 
his  enmities  were  alike  due  to  it;  he  distrusted  all 
who  were  not  in  full  sympathy  with  it,  and  they  dis- 
trusted him.  Taught  by  bitter  experience  that  the 
principles  of  true  democracy  are  often  as  distasteful 
to  the  multitude  as  they  are  to  the  possessors  of 
wealth  and  privilege,  that  the  masses  of  men,  fas- 
cinated by  the  splendors  and  force  of  concentrated 
power,  may  easily  be  persuaded,  sometimes,  to  sur- 
render in  exchange  for  them  the  sense  of  individual 
freedom,  even  this  did  not  dishearten  him,  and  after 
filling,  for  eight  years,  the  highest  office  in  the  gift  of 
his  countrymen  with  undeviating  fidelity  to  the 
principles  of  popular  government,  he  retired  to  the 
rest  and  repose  of  his  beloved  Monticello,  carrying 
thither  convictions  of  the  worth  and  dignity  of 
human  nature,  and  ideals  of  government  by  the  peo- 
ple, as  distinct  and  fresh  as  those  which  animated 
him  in  the  morning  of  his  life. 

Men  have  forever  been  prone  to  cast  either  a 

Thomas  Jefferson,  its  Father  ix 

doubt  or  a  sneer  upon  the  apparently  beneficent 
deeds  of  those  whose  principles  they  reject  and 
whose  influence  they  fear.  A  large  part,  at  least,  of 
the  acts  of  Mr.  Jefferson's  official  life  still  remain, 
and  will,  perhaps,  forever  remain,  the  subjects  of 
dispute;  but  he  himself  has  happily  singled  out,  to 
be  engraven  upon  his  tomb,  three  particular  achieve- 
ments with  which  he  wished  his  name  to  be  associ- 
ated, by  friend  or  stranger,  in  all  future  time.  The 
latest  generation  of  his  countrymen  will  not  question 
the  justice  of  his  claim,  nor  withhold  any  part  of  the 
full  tribute  of  honor  and  glory  which  belongs  to  the 
"author  of  the  Declaration  of  American  Indepen- 
dence, of  the  Statute  of  Virginia  for  Religious  Free- 
dom, and  to  the  Father  of  the  University  of  Virginia."  * 
Mr.  Jefferson,  at  his  retirement,  was  sixty-six 
years  of  age.  His  intellectual  faculties  were  unim- 
paired, his  bodily  strength  was  well  preserved,  and 
he  was  still  conscious  of  the  possession  of  a  large 
capacity  for  usefulness  to  his  countrymen  and  to 
mankind.  His  ambition  for  public  office,  never  very 
deeply  cherished,  had  been  fully  satisfied,  and  he 
was  inwardly  resolved  never  again  to  seek  it.  He 
had  cherished  through  life  a  passion  for  the  acquisi- 
tion of  knowledge,  and  was  one  of  the  best  educated 
men,  if  not  the  best  educated  man,  of  his  coimtry 
and  time,  and  he  could  have  filled  the  remainder  of 
his  days  with  a  serene  and  tranquil  enjoyment  of  the 
pleasures  of  literature  and  science;  but  such  a  life 

*  Prom  the  inscription  on  his  tomb. 

The  UmvcfsitT  of  Miginia,  and 


•  •>>c^ii 

for  him  the  strength  cc  wrScr:  was  ace  devoted  to  the 
advancement  of  the  Iibertv  arif  hapomess  of  men. 
He  had  in  early  nsacbcod  ferried  a  gyherrie  of  public 
education,  which,  trrjci  trne  to  trry^  had  pressed 
itself  on  his  attentkci  throc^boct  even  the  busiest 
years  of  his  public  Iffe.  It  was  part  of  his  political 
phikKSOjAy.  Lover  d  liberty  as  he  was,  firmly  as 
he  believed  that  popular  government  was  the  only 
form  of  public  authority  consistent  with  the  highest 
happiness  of  men,  he  yet  did  not  bdieve  that  any 
nation  or  community  could  permanently  retain  this 
blessing  without  the  benefit  of  the  lessons  of  truth,  and 
the  discipline  of  \Trtue  to  be  derived  only  from  the 
intellectual  and  moral  education  of  the  whole  people. 

His  general  scheme  appears  to  have  embraced 
three  branches:  (i)  the  division  of  the  whole  state 
into  districts,  or  wards,  and  the  establishment  in 
each  of  a  primary  school  in  which  the  rudiments  of 
knowledge  should  be  taught  to  all;  (2)  the  estab- 
lishment of  a  sufficient  number  of  higher  academies 
or  colleges,  in  which  those  exhibiting  in  the  primary 
schools  superior  intellectual  endowments  might 
acquire,  gratis,  sl  further  and  higher  education ;  and  (3) 
a  State  University,  in  which  each  science  shotdd  "  be 
taught  in  the  highest  degree  it  has  yet  attained.*'* 

The  length  of  time  during  which,  and  the  intensity 
with  which  Mr.  Jefferson  had  devoted  himself  to  this 
great  object,  is  well  manifested  by  an  extract  from  a 

•  See  Jcffcr»r>n's  Autobiography;  vol.  i,  p.  47. 

Thomas  Jefferson,  its  Father 

letter  written  by  him  in  1818,  some  ten  years  after 
Kliis  retirement  from  the  presidency.  "A  system," 
I'Says  he,  "  of  general  instruction  which  shall  reach 
I'Cvery  description  of  our  citizens,  from  the  highest  to 
I  the  poorest,  as  it  was  the  earliest,  so  will  it  be  the  latest, 
of  all  the  public  concerns  in  which  I  shall  permit  myself 
to  take  an  interest."' 

The  two  branches  of  his  scheme  relating  respect- 
ively to  the  primary  schools  and  the  higher  acade- 
mies encountered  obstacles  which  it  was  impossible 
for  him  to  surmount,  and  they  are  not  those  features 
which  chiefly  concern  us  to-day ;  but  I  cannot  resist 

^the  temptation  to  read  before  this  audience  his  state- 
ment of  the  objects  of  primary  education  contained 
jn  the  celebrated  report  prepared  by  him  for  the 
Commission  appointed  by  the  Governor  of  Virginia 
under  an  act  of  the  General  Assembly  and  which 
met  in  1818  at  the  unpretending  tavern  at  Rockfish 

^Gap  in  the  Blue  Ridge.  There  have  been  held  since 
that  day,  in  many  parts  of  the  United  States,  con- 
ventions and  conferences  of  teachers,  educators  and 
friends  and  patrons  of  learning  more  numerously 
attended,  favored  with  more  abundant  information, 
and  with  other  advantages  for  the  consideration  and 
discussion  of  educational  questions;  but  none,  cer- 
tainly, more  distinguished  for  the  dignity  and  ability 
of  its  members.  Besides  senators  and  judges,  there 
were  among  those  who  assembled  on  that  occasion, 
^  James  Monroe,  then  President  of  the  United  States, 

'  Correspondence  of  Jefferson  and  Cabell ;  p.  106. 

xii        The  University  of  Virginia,  and 

and  his  two  predecessors,  James  Madison  and 
Thomas  JefEerson.  And,  certainly,  we  may  look  in 
vain  for  any  public  statement  before  that  time  or 
since,  of  the  objects  of  public  education  so  concise, 
so  comprehensive  and  so  just  as  that  contained  in 
the  report  of  this  Commission  written  by  Jefferson. 
He  thus  defined  the  objects  of  primary  education : 

"  I.  To  give  to  every  citizen  the  information  he 
needs  for  the  transaction  of  his  own  business. 

"  2.  To  enable  him  to  calculate  for  himself,  and  to 
express  and  preserve  his  ideas,  his  contracts  and 
accounts  in  v^riting. 

"  3.  To  improve,  by  reading,  his  morals  and  facul- 

"  4.  To  understand  his  duties  to  his  neighbors 
and  country,  and  to  discharge  with  competence 
the  functions  confided  to  him  by  either. 

"5.  To  know  his  rights ;  to  exercise  with  order  and 
justice  those  he  retains ;  to  choose  with  disci-etion  the 
fiduciary  of  those  he  delegates ;  and  to  notice  their 
conduct  with  diligence,  with  candor  and  judgment. 

"6.  And,  in  general,  to  observe  with  intelligence 
and  faithfulness  all  the  social  relations  under  which 
he  shall  be  placed." '  ^ 

This  statement  of  the  objects  of  primary  educa^J 

tion  will  never  be  improved.     It  ought  to  be  written 

in  letters  of  gold  and  hung  in  every  primary  school 

throughout  the  land  and  be  known  by  heart  to  every 

teacher  and  child  therein.     It  is,  indeed,  more  than 

'  U.  S.  Bureau  of  Education,  Circular  No.  i.  p.  33. 

Thomas  Jefferson,  its  Father         xiii 

a  statement  of  the  elements  of  rudimentary  educa- 
tion. It  is  an  enumeration  of  the  duties  of  every 
good  citizen  under  a  popular  government. 

The  apparent  impossibility,  at  the  time  he  began 
his  effort,  of  impressing  upon  the  Commonwealth  his 
sense  of  the  necessity  of  a  universal  provision  for 
primary  education,  moved  Mr.  Jefferson  to  turn  his 
attention  to  the  third  branch  of  his  scheme,  that 
which  embraced  a  State  University.  This,  although 
not,  in  his  democratic  view,  the  part  of  his  plan  which 
promised  results  of  the  widest  utility,  was  the  one 
which  offered  to  him  the  most  congenial  field  of  effort, 
and  held  out  to  his  hopes  a  better  promise  of  success. 

His  conception  in  its  main  elements  had  been  in 
his  mind  from  early  manhood.  He  had  never  dis- 
missed it  from  his  thoughts.  He  cherished  it  during 
the  gloomy  years  of  the  Revolution.  He  improved 
it  during  his  long  sojourn  in  France.  He  recurred 
to  it  again  and  again  in  the  midst  of  the  perplexities 
which  distracted  him  during  both  his  presidential 
terms,  and  he  brpught  it  gradually  to  a  completion 
after  his  retirement.  He  sought  every  aid  which  he 
could  derive  from  independent  study,  from  imceas- 
ing  correspondence  with  men  of  learning  familiar 
with  university  education  and  from  personal  inter- 
course with  those  interested  in  his  project  whom  he 
could  attract  to  his  own  hospitable  roof. 

I  have  no  time  to  recount  the  successive  steps  by 
which  his  plan  proceeded  towards  its  realization ;  its 
partial  embodiment  in  the  Albemarle  Academy,  its 

xiv       The  University  of  Virginia,  and  H 

fuller  development  in  the  Central  College,  under 
which  name  the  comer-stone  of  the  future  University 
was  laid,  and  its  final  establishment  in  fact  and  in 
name  by  the  passage  through  the  General  Assembly, 
on  the  25th  of  January-,  1819,  of  the  bill  uniting  the 
Central  College  and  the  University  of  Virginia. 

It  would  be  no  disparagement  of  the  glory  to 
which  Mr.  Jefferson  is  entitled  for  this  great  achieve- 
ment to  say  that  he  could  never  have  accomplished 
the  work  without  the  aid  of  others.  The  assent  of 
the  Legislature  was  needed,  and  for  this  a  favoring 
public  sentiment  was  necessary;  but  it  was  here 
that  Mr.  Jefferson's  task  began.  For  forty  years  he 
had  been  laboring  in  every  form  in  which  public 
sentiment  could  be  reached,  through  the  press,  and 
by  correspondence  and  personal  influence  with  lead- 
ing public  men,  to  create,  and  he  finally  created,  a 
conviction  of  the  importance  and  necessity  of  the 
work.  But,  however  conspicuous  the  place  which 
may  be  assigned  to  him,  there  was  one  coadjutor 
whose  devoted  labor  and  effective. aid  can  never  be 
forgotten.  The  right  arm  upon  which  he  relied  in 
later  years,  and  without  which  it  may  well  be  doubted 
whether  this  audience  would  be  gathered  together 
to-day,  was  Joseph  C.  Cabell.  The  alumni  and 
friends  of  the  University  of  Virginia  may  be  trusted 
to  take  care  that  that  name  shall  not  perish  from  the 
grateful  memory  of  men. 

The  whole  work,  however,  was  as  yet  by  no  means 
accomplished.     I  have  just  said  that  the  University 

Thomas  Jefferson,  its  Father 

had  become  established  in  fact  and  in  name;  but  the 
fact  was  only  the  legislative  fiat,  and  the  name  as  yet 
but  a  name.  The  conception  of  a  University  embraces 
noble  buildings  which  contain  its  libraries,  its  collec- 
tions, its  halls  of  instruction,  and  which,  in  most  in- 
stances prior  to  this  time,  had  been  the  contributions 
of  successive  generations.  Of  these  there  were  as  yet 
none ;  and  in  nothing  does  this  institution  more  clearly 
appear  as  the  creation  of  Mr.  Jefferson's  mind  than 
in  its  material  structures  and  their  situation. 

In  respect  to  tlie  situation,  the  presence  of  a  sel- 
fish interest  may  be  recognized  and  excused.  Among 
the  motives  which  stimulated  his  zeal  was  undoubt- 
edly a  desire,  of  which  we  have  more  than  one  exam- 
ple among  democratic  statesmen,  to  spend  the  years 
of  retirement  in  the  congenial  neighborhood  of  a 
great  institution  of  learning  and  science ;  and  it  was 
the  longing  of  his  heart  that  the  University  should 
have  her  permanent  seat,  "  her  arms  and  her  chariot," 
in  the  neigliborhood  of  his  own  Monticello.  To  this 
end  he  employed  everj-'  resource  of  argument,  and 
when  this  failed,  of  art,  to  persuade  the  body  of 
which  he  was  himself  a  member,  of  the  superior 
claims  of  this  locality.  They  were  obliged  to  admit 
that  healthiness  and  centrality  ought  to  be  the  pre- 
dominating considerations;  but,  admitting  this,  they 
could  hardly  resist  the  argument  afforded  by  Mr. 
Jefferson's  "imposing  array  of  octogenarians"  then 
still  living  in  this  region;  and,  as  to  centrality,  he 
was  ready  with  a  demonstration  that  on  whatever 


xvi       The  University  of  Virginia,  and 


theory  the  lines  might  be  run  "  they  would  be  found 
to  pass  close  to  Charlottesville."' 

The  form,  the  architecture,  and  the  arrangement 
of  the  material  structures  seem  to  have  been  alto- 
gether his  own;  and  here  he  did  not  allow  the  sim- 
plicity and  frugality  of  his  political  philosophy  to 
lead  him  astray.  His  vision  was  of  a  University 
which  would  appeal  to  the  sentiments,  and  thus 
attract  to  itself  the  most  famous  teachers,  with 
crowds  of  scholars.  He  knew  the  Muses  could  not 
be  enticed  to  take  up  their  abode  in  mean  and  squalid 
habitations.  He  wrote  to  his  efficient  helper,  Cabell : 
"  The  great  object  of  ovir  aim  from  the  beginning  has 
been  to  make  the  establishment  the  most  eminent  in 
the  United  States  in  order  to  draw  to  it  the  youth  of 
every  State,  but  especially  of  the  South  and  West. 
We  have  proposed,  therefore,  to  call  to  it  characters 
of  the  first  order  of  science  from  Europe,  as  well  as 
our  own  country,  and  not  only  by  the  salaries  and 
the  comforts  of  their  situation,  but  by  the  distin- 
guished scale  of  its  structure  and  preparation,  and 
the  promise  of  future  eminence  which  these  would 
hold  up,  to  induce  them  to  commit  their  reputation 
to  its  future  fortunes.  Had  we  built  a  bam  for  a  col- 
lege and  log  huts  for  accommodations,  should  we  ever 
have  had  the  assurance  to  propose  to  an  European 
professor  of  character  to  come  to  it?"'  He  sought, 
therefore,  to  reproduce  on  the  American  frontier  a 

tSSS.p.  37. 

*  U.  S.  Bureau  of  Education,  Circular  No. 
'  Correspondence  of  Jefferson  and  Cabell; 


Thomas  Jefferson,  its  Father        xvii 

vision  of  the  architecture  and  art  of  Greece  and 
Rome.  He  seems  to  have  been  his  own  architect 
and  almost  his  own  builder.  It  wotild  be  strange, 
indeed,  if  the  restilts  had  altogether  escaped  criti- 
cism, or  if  personal  vanity  had  not,  to  some  extent, 
usurped  the  place  of  knowledge;  but  it  is  no  mean 
tribute  to  the  merit  of  the  original  design  that  it  has 
been,  after  the  lapse  of  three-quarters  of  a  century, 
reproduced  and  perpetuated  in  the  principal  restora- 
tion which  we  dedicate  to-day. 

On  the  7th  of  March,  1825,  the  University  was 
thrown  open  for  the  reception  of  students,  and  its 
actual  career  began.  It  must  have  been  a  day  of 
unspeakable  satisfaction  to  Mr.  Jefferson.  A  long 
life  filled  with  public  service  and  public  cares  had 
been  at  last  crowned  by  what  he  regarded  as  its  most 
useful  achievement,  at  the  very  moment  when  he 
had  reached  the  botmdary  which  limits  human 
endeavor;  but  if  he  was  capable  of  no  fiirther  effort 
there  was  no  further  effort  which  he  was  called  upon 
to  make.  It  was  the  very  point  at  which,  as  he  had 
many  times  declared,  he  could  with  happiness  pro- 
nounce his  "  nunc  dimiiiis,''  and  the  moment  was  not 
long  deferred.  On  the  4th  day  of  July  of  the  suc- 
ceeding year,  just  half  a  century  after  the  American 
Colonies  had  nmg  out  to  the  world  in  his  own 
immortal  language  their  declaration  of  nationality, 
he  closed  his  career  on  earth. 

This  is  not  the  time,  had  I  the  abiUty,  to  make  any 
attempt  to  assign  the  place  to  which  this  illtistrious 


xviii     The  University  of  Virginia,  and 

man  is  entitled  on  the  roll  of  philanthropists.  Com- 
ing as  he  did  upon  the  theatre  of  conspicuous  life  at 
a  period  when  the  fundamental  principles  of  govern- 
ment were  the  subjects  of  universal  discussion,  sub- 
jects upon  which  freemen  are  at  all  times  inclined  to 
array  themselves  on  one  or  the  other  of  two  opposing 
sides,— one  dreading  the  effects  of  popular  igno- 
rance, the  other  fearing  the  selfishness  of  the  enlight- 
ened,— one  looking  back  to  the  supposed  wisdom 
and  virtue  of  the  past,  and  the  other  looking  forward 
with  confidence  to  the  possibilities  and  promise  of 
the  future, — plunging,  as  he  did,  into  these  conflicts 
with  all  the  earnestness  of  long  cherished  and  posi- 
tive convictions,  he  could  hardly  fail  to  encounter 
hostilities  which  would  stop  at  no  methods  by  which 
his  principles  or  his  character  could  be  discredited. 
By  some  irony  of  fate  the  great  apostle  of  democracy 
was  made  to  suffer  in  his  own  person  all  the  injustice 
which  democratic  societies  can  perpetrate.  The 
great  defender  of  the  liberty  of  speech  and  the  press 
was  rewarded  by  an  outpouring  from  the  press  and 
the  pulpit  of  calumny  and  detraction  unparalleled 
before  or  since;  and  the  foremost  champion  of  popu- 
lar principles,  faithful  to  them  in  every  act  of  his  life, 
retired  from  the  high  office  of  President  under  a  load 
of  unpopularity. 

"Time!  the  corrector  where  our  judgineDts  err, 
Time,  the  avenger!" 

Thomas  Jefferson,  its  Father 

dispelled  the  clouds  of  detraction  and  the  mists 
,of  prejudice  and  revealed  in  clearer  light  the  true 
age  of  the  statesman  and  the  patriot.     Looking  at 
^the  denunciation  poured  out  upon  him  by  his  con- 
imporaries  and  the  applause  with  which  posterity 
.s  hailed  his  name,  we  are  moved  to  think  with  the 
■eat  English  orator  "  that  obloquy  is  a  necessary 
igredient  in  the  composition  of  all  true  glory,"  and 
tjthat  "  it  was  not  only  in  the  Roman  customs,  but  it  is 
the  natiu-e  and  constitution  of  things  that  cal- 
ny  and  abuse  are  essential  parts  of  a  triumph." 
He  had,  indeed,  few  of  the  qualities  which  mark 
lC  great  military  chieftain,  the  conqueror,  or  the 
ictator,  but  what  figure  in  tlie  gallery  of  American 
lown  can   point  to   such   a   catalogue  of  pacific 
;hievement? — the  abolition  in  his  native  State  of 
;he  laws  of  primogeniture  and  entail — the  Virginia 
Statute   of   religious   freedom — the   Declaration   of 
Independence — the  kind  and  peaceful  removal  of 
the  Indian  tribes  to  the  west  of  the  Mississippi — the 
near  extinction  of  the  national  debt — the  acquisition 
Louisiana — the  University  of  Virginia — where  are 
the  crimes  or  the  vices  which  dim  the  lustre  of  these 
deeds?    Those  whose  ideal  of  the  duty  and  destiny 
of  the  Republic  is  that  of  a  conquering  nation  ready 
at  any  moment  for  the  grim  business  of  war,  eager 
to  avenge  an  insult  real  or  supposed,  greedy  of  mili- 
tary and  naval  renown,  inclined  to  erect  its  own  will 
ito  law,  and  enforce  it  against  all  opposition,  to 
;rike  first  and  reason  afterwards — these  will  find 

XX        The  University  of  Virginia,  and 

little  to  admire  in  the  career  of  Mr.  Jefferson.     He 
knew  too  well   the  lessons  of  history.     He  knew 
what  visions  of  empire  had  dazzled  the  ambition  o£j 
Rome,  while  Rome  was  yet  free, —  I 

I  "Turegere  iraperio  populos.  Romane,  memento;  * 

Hse  tibi  erunt  artcs:  pacisque imponere  morem, 
Parcere  subjectis,  et  debellare  Buberpos." 

And  he  knew  also  the  terrible  penalty  to  Rome  and 
the  world  which  an  indulgence  of  those  visions  cost. 
He  had  lived  in  the  midst  of  the  interesting  scenes 
which  ushered  in  the  emancipation  of  France,  and 
had  afterwards  shuddered  to  see  how  ruthlessly  the 
passion  for  extended  empire  and  military  glory 
would  trample  upon  true  liberty.  He  was  a  pacific 
ruler.  War,  except  in  self-defence,  and  as  a  last 
alternative,  he  held  in  detestation,  as  the  enemy 
both  of  civilization  and  liberty.  His  patriotism 
expanded  into  philanthropy,  and  permitted  no  other 
ambitions  respecting  foreign  nations  than  those  of 
cultivating  the  peaceful  relations  of  trade  and  com- 
merce with  the  whole  familv  of  man. 

Whatever  abatement  we  may  be  required  or  dis- 
posed to  make  from  his  credit  as  a  practical  states- 
man, the  sum  of  his  achievements  was  hardly 
equalled  by  any  of  his  contemporaries,  save  one 
alone,  and  the  general  features  of  his  political  phi- 
losophy still  remain  as  the  nominal  creed  at  least  of 
the  great  body  of  his  countrymen. 

But  what,  if  any,  was  the  particular  conception  of 
university  education  which  he  enshrined  within  these 

Thomas  Jefferson,  its  Father  xxi 

B^valls?     Is  it  still  cherished  here,  and  will  it  be  a 

'    ■worthy  guide  in  training  the  intellect  and  directing 

the  aspirations  of  the  future  generations  who  are  to 

flock    hither?    These    are    questions    which    more 

immediately  concern  us  on  this  occasion, 

I  suppose  most  men  who  have  given  great  atten- 
tion to  the  subject  of  education  have  not  thought  it 
appropriate  to  inquire  for  what  it  was  useful ;  they 
would  deem  it  useful  in  itself,  as  being  the  develop- 
ment of  the  faculties  of  man,  or,  if  required  to  assign 
an  ulterior  object  to  which  it  should  be  held  sub- 
servient, they  would  point  to  nothing  less  general,  or 
less  absolute,  than  human  happiness. 

This,    however,    was   not    Mr.    Jefferson's    view. 

Lover  as  he  was  of  the  sciences,  and  of  all  learning 

for  their  own  sake,  happy  as  he  had  always  been 

made  while  cultivating  them,  he  yet  would  never 

have  expended  so  many  years  of  his  life  in  founding 

this  institution,  if  he  had  had  no  hopes  other  than 

those  of  establishing  a  university  on  the  ordinary 

model,  even  though  there  were  a  promise  of  rivaling 

the  fame  of  Oxford  or  Bologna.     With  him,  univer- 

l     aty  education  was  important  as  being  a  part  of  gen- 

I     eral  education,    and    this    was    important    because 

I     necessary  to  the  development  and  preservation  of 

that  civil  and  political  liberty  which  he  deemed 

essential  to  the  progress  and  ha]3]]iness  of  man. 

His  idea  of  university  education  was,  therefore,  a 
part  of  his  political  philosophy.  He  believed  that 
there  was  a  system  of  government  founded  upon  the 

xxii      The  University  of  Virginia,  and 

principles  of  human  nature  under  which  the  largest 
liberty  and  happiness  were  attainable,  but  only 
upon  the  condition  of  a  wide — a  universal — diffusion 
of  popular  education,  and  that  such  education 
embraced  the  cultivation  in  the  highest  degree  of 
those  selected  minds  exhibiting  the  highest  order  of 
genius.  It  was  by  means  of  a  systematic  cultivation 
of  the  best  natural  geniuses  in*  the  land  that  he  hoped 
to  carry  all  the  sciences  to  the  highest  degree  of  culti- 
vation, and  among  them  especially,  the  science  of 
free  government. 

The  animating  principle  of  his  political  philosophy 
was  a  jealousy  of  all  governmental  fX)wer  in  whom- 
soever vested.  Such  power  is,  of  necessity,  to  be 
exercised  by  some  over  others.  It  ma)-  be  WTongfully 
usurped,  or  voluntarily  entrusted,  but,  in  either  case, 
is  liable  to  be  abused;  and,  in  Jefferson's  view,  the 
best  guaranty  against  abuse  consisted  in  preventing 
usurpation  and  withholding  delegation.  He  knew, 
indeed,  that  government  to  a  certain  extent  was 
necessary,  and,  therefore,  that  it  was  necessary  to 
delegate  and  entrust  power;  but  this  he  would  do 
with  stingy  parsimony,  measuring  the  amounts  doled 
out  by  the  rule  of  rigid  necessity.  This  was  the 
ground  of  his  animosity  towards  any  concentration 
of  power  in  the  hands  of  one,  or  a  few;  because  con- 
centrated power  is  a  common  form  and  fruit  of 
usiuT3ed  or  delegated  power.  Nor  did  his  democ- 
racy assume  that  socialistic  iorm  which  would  merge 
the  liberty  of  the  individual  in  the  equality  of  the 

Thomas  Jefferson,  its  Father       xxiii 

masses.  It  was  the  natural,  original  freedom  of  man 
which  he  sought  to  preserve.  He  was  the  apostle  of 
individualism.  He  lost  no  opportunity  of  incul- 
cating his  favorite  principle,  and  a  question  as  to 
whether  primary  schools  should  be  supported  and 
managed  by  counties,  or  each  by  the  particular  dis- 
trict in  which  it  was  situated,  led  him  into  a  very 
concise  and  excellent  statement  of  his  whole  theory : 
**No,  my  friend,"  said  he,  "the  way  to  have  good 
and  safe  government  is  not  to  trust  it  all  to  one ;  but 
to  divide  it  among  the  many,  distributing  to  every 
one  exactly  the  functions  he  is  competent  to.  Let 
the  National  government  be  entrusted  with  the 
defence  of  the  nation,  and  its  foreign  and  federal  rela- 
tions; the  State  government  with  the  civil  rights, 
laws,  police  and  administration  of  what  concerns  the 
State  generally ;  the  counties  with  the  local  concerns 
of  the  counties  and  each  ward  direct  the  interests 
within  itself.  It  is  by  dividing  and  subdividing 
these  republics,  from  the  great  national  one  down 
through  all  its  subordinations,  until  it  ends  in  the 
administration  of  every  man's  farm  and  affairs  by 
himself;  by  placing  under  every  one  what  his  own 
eye  may  superintend,  that  all  will  be  done  for  the 
best.  What  has  destroyed  liberty  and  the  rights  of 
man  in  every  government  which  has  ever  existed 
under  the  sun  ?  The  generalizing  and  concentrating 
all  cares  and  powers  into  one  body,  no  matterwhether 
of  the  autocrats  of  Russia  or  France,  or  of  the  aristo- 
crats of  a  Venetian  Senate.    And  I  do  believe,  that  if 


xxiv     The  University  of  Virginia,  and 

the  Almighty  has  not  decreed  that  man  shall  never 
be  free(and  it  is  blasphemy  to  believe  it)  the  secret 
will  be  found  in  the  making  himself  the  depository  of 
the  powers  respecting  himself  so  far  as  he  is  compe- 
tent to  them,  and  delegating  only  what  is  beyond  his 
competency  by  a  synthetical  process  to  higher  and 
higher  orders  of  functionaries,  so  as  to  trust  fewer 
and  fewer  powers,  in  proportion  as  the  trustees 
become  more  and  more  oligarchical."  ' 

At  the  present  day  we  are  so  familiar  with  these 
ideas  that  it  is  difficult  to  imagine  that  they  were 
ever  novel;  but  in  Mr.  Jefferson's  time  it  was  far 
otherwise.  Not  all  of  those  who  espoused  the  side 
of  the  colonies  against  Great  Britain  and  joined  in 
the  struggle  for  independence  were  believers  in  pop- 
ular government,  and  many  even  of  those  who  sup- 
ported the  new  constitution  had  but  feeble  faith  in 
democratic  principles.  Many  even  preferred  mon- 
archical government,  and  many  more  what  they 
called  a  strong  government,  that  is,  a  government 
strong  enough  to  maintain  itself  even  against  the 
popular  will. 

And  it  is  difficult  also  to  understand  the  partisan 
hostility  and  bitterness  engendered  by  these  con- 
flicting views.  Each  side  seemed  to  believe  that  the 
other  was  bent  upon  the  destruction  of  everything 
valuable  in  society.  Jefferson  and  Marshall,  two 
great  Virginians,  incomparably  the  first  political 
geniuses  in  the  land,  utterly  distrusted  each  other. 

'  Correspondence  of  Jefferson  and  Cabell ;  p.  54. 

ach  other.  ^™ 


Thomas  Jefferson,  its  Father         xxv 

Nor  could  men  be  much  blamed  for  withholding 
assent  from  the  poHtical  ideas  of  Jefferson.  There 
was  but  little  in  the  teachings  of  history  to  support 
them.  They  were  based  in  large  degree  upon  a 
priori  conceptions.  He  was  obliged  to  admit  that 
all  previous  attempts  at  popular  government  had 
been  failures;  but  this  was,  in  his  view,  because  of 
special  disfavoring  conditions;  the  long  habit  of 
submitting  to  despotic  authority  had  enervated  the 
people,  or  the  true  principle  of  popular  government 
had  been  violated  by  delegating  and  concentrating 
too  much  power  in  the  hands  of  a  few.  He  saw  in 
the  conditions  exhibited  by  the  American  colonies 
the  first  real  opportunity  for  establishing  liberty. 
For  a  century  these  colonies  had  been  exempt  from 
the  dominion  of  feudalism,  from  sectarian  domina- 
tion, and  from  nearly  every  form  of  severe  govern- 
mental oppression.  Here  was  a  virgin  soil,  an 
abundance  of  land,  no  degrading  poverty,  a  brave 
and  intelligent  people  which  had  just  vindicated  its 
title  to  independence  after  a  long  struggle  with  the 
mightiest  of  European  powers.  He  could  not  help 
thinking  that  "unless  the  Almighty  had  decreed 
that  man  should  never  be  free  (and  it  would  be  blas- 
phemy to  believe  this)  "  that  the  golden  opportunity 
was  now  offered;  that  here  the  free  spirit  of  man- 
kind should  "  put  its  last  fetters  off ; "  that  here  should 
be  established  no  bastard,  degenerate  freedom,  no 
government  affecting  to  be  popular,  but  really  rest- 
ing upon  monarchical  or  aristocratic  contrivances: 

xxvi     The  University  of  Virginia,  and 



but  a  freedom  in  which  every  man  should  be  master 
of  his  own  destiny,  in  which  there  should  be  no 
usurpation  of  power,  and  no  delegation  of  power, 
unless  its  natural  possessor  was  unfitted  to  exercise 
it,  and  consequently  no  concentration  of  power, 
beyond  what  rigid  necessity  required — no  great 
standing  armies — no  powerful  navies  carrying  the 
flag  in  triumph  over  every  sea, — no  interference 
with  liberty  of  opinion  or  speech — no  interference 
with  liberty  of  action,  so  long  as  the  public  peace 
and  order  were  not  broken — this  was  Jefferson'sj 
vision  of  republican  freedom. 

It  would  be  a  gross  injustice  to  impute  to  him  hos^ 
tility  to  government  itself,  or  any  indulgence  of 
mere  license.  Government  was  in  his  view  the  first 
and  most  impxjrtant  of  human  necessities;  but-j 
instead  of  regarding  it,  as  some  seemed  to  do, 
being  in  itself  the  source  of  good,  and  therefore  prt 
sumably  beneficent  wherever  its  power  was  felt,  he 
looked  upon  it  as  beneficial  only  so  far  as  it  was 
necessary  to  prevent  one  man  from  encroaching 
upon  the  liberty  and  rights  of  another,  and  as  carry- 
ing with  it  great  possibilities  of  mischief  and  wrong, 
whenever  its  interference  was  pushed  beyond  its 
just  limits. 

Such  was  Mr.  Jefferson's  conception  of  liberty  and 
government  which  he  intended  should  be  accepted 
by  this  University,  and  be  therein  defended  and 
propagated.  It  was  only  through  the  universal 
adoption  of  this  idea  that  it  seemed  to  him  possible 




Thomas  Jefferson,  its  Father       xxvii 

for  the  newly  created  nation  to  reach  the  glorious 
destiny  which  the  future  had  in  store  for  it;  and 
hence  the  importance  he  attached  to  it,  and  the 
unquestioning  assent  which  he  demanded  for  it.  By 
nature  the  most  tolerant  of  men,  upon  this  point  he 
was  dogmatic,  even  to  bigotry.  A  thorough  believer 
in  the  inherent  power  of  truth  to  triumph  ultimately 
over  error,  he  was  yet  unwilling  to  subject  his  favorite 
dogma  to  the  temporary  hazards  of  a  contest.  In 
one  of  his  communications  just  before  the  University 
was  thrown  open  to  students,  he  expressed  to  one  of 
his  fellows  upon  the  Board  of  Visitors  his  anxieties 
in  this  direction.  Said  he:  "In  most  public  semi- 
naries text-books  are  prescribed  to  each  of  the  sev- 
eral schools  as  the  norma  docendi  in  that  school ;  and 
this  is  generally  done  by  authority  of  the  trustees. 
I  should  not  propose  this  generally  in  our  University, 
because  I  believe  none  of  us  are  so  much  at  the 
heights  of  science  in  the  several  branches  as  to  under- 
take this;  and,  therefore,  that  it  will  better  be  left 
to  the  professors,  until  occasion  of  interference  shall 
be  given.  But  there  is  one  branch  in  which  we  are 
the  best  judges,  in  which  heresies  may  be  taught,  of 
so  interesting  a  character  to  our  own  State,  and  to 
the  United  States,  as  to  make  it  a  duty  in  us  to  lay 
down  the  principles  which  shall  be  taught.  It  is 
that  of  government.  Mr.  Gilmer  being  withdrawn, 
we  know  not  who  his  successor  may  be.  He  may  be 
a  Richmond  lawyer,  or  one  of  that  school  of  quondam 
federalism,  now  consolidation.     It  is  our  duty  to 

xxviii    The  University  of  Virginia,  and 

guard  against  the  dissemination  of  such  principles 
among  our  youth,  and  the  diffusion  of  that  poison, 
by  a  previous  prescription  of  the  texts  to  be  foUowed 
in  their  discourses."' 

Of  the  fidelity  heretofore  of  this  University  to  the 
political  theory  thus  entrusted  to  it,  no  doubt  will 
be  entertained.  Its  own  convictions  have  concurred 
with  the  sentiments  of  grateful  admiration  for  its 
father.  Successive  generations  of  the  sons  of  the 
South  have  become  deeply  imbued  with  it  by  lessons 
received  upon  this  spot  and  have  greatly  aided  in 
making  it  the  unchallenged  popular  faith  throughout 
the  largest  part  of  the  land. 

Shall  this  fidelity  be  continued  into  the  indefinite 
future  ?  Shall  Jefferson's  theorj'  of  Liberty  be  forever 
cherished  around  his  tomb  ?  Has  the  experience  of  a 
century  vindicated  its  pretensions  as  the  only  sure 
foundation  of  popular  government,  or  stamped  upon 
it  the  discredit  of  an  illusive  impracticability? 
These  are  not  uninteresting  questions  and  they 
deserve  my  few  remaining  words. 
■  If  an  intelligent  observer  removed  from  any  par- 
ticipation in  our  political  strifes  were  to  survey  the 
history  of  our  country  for  a  centurj'  with  the  view  of 
ascertaining  how  far  events  had  justified  the  teach- 
ings of  Mr.  Jefferson  and  his  followers,  he  would  find 
difficulty  in  reaching  at  first,  at  least,  a  favorable 
verdict.  He  would  impute,  perhaps  not  unjustly. 
to  that  peaceful   policy   the  national  hiuniliations. 

'  Coirespondence  of  Jefferson  and  Cabell ;  p.  339. 


Thomas  Jefferson,  its  Father        xxix 

"which  preceded  and  accompanied  the  War  of  1812 
vrith  Great  Britain.  He  would  see  one  of  the  sup- 
posed conclusions  of  that  political  philosophy  as 
originally  drawn  and  carefully  expressed  by  the  great 
apostle  himself  in  the  celebrated  Kentucky  resolu- 
tions of  1798,  and  afterwards  re-stated  and  vindi- 
cated by  another  illustrious  son  of  the  South,  made 
the  justification  for  a  bold  and  deliberate  attempt 
to  nullify,  throughout  the  territory'  of  a  State,  a  law 
of  the  United  States.  He  would  see  this  conclusion 
at  a  still  later  period  made  the  ground  for  a  wide- 
spread defiance  of  the  entire  national  authority,  and 
the  main  support  of  a  civil  strife  which  deluged  the 
land  with  fraternal  blood. 

Ftuther  reflection,  however,  would  probably  dispel 
in  part,  if  not  altogether,  the  unfavorable  impres- 
sion. Mr.  Jefferson's  political  system  was,  no  doubt, 
based  upon  the  assumption  of  peace.  He  held  in 
abhorrence  large  standing  armies  and  powerful 
navies,  and  a  nation  unprovided  with  these  will 
sometimes  find  itself  subjected  to  humiliation,  as 
we  were  in  the  era  of  1 8 1 2 ,  either  by  submitting  to 
injury  from  a  consciousness  of  unreadiness  to  make 
good  a  defiance,  or  by  being  suddenly  overwhelmed 
by  an  inferior  hostile  force.  But  are  nations  tinpre- 
pared  for  war  the  only  ones  likely  to  be  subjected  to 
himiiliations  ?  Was  England  never  humiliated,  or 
France,  or  Germany?  And  what  can  be  a  greater 
humiliation  than  that  of  an  unjust  aggression  upon 
the  rights  of  others  and  the  peace  of  the  world  so 

XXX      The  University  of  Virginia,  and 

likely  to  be  committed  by  those  who  think  them- 
selves armed  with  resistless  power?  And  had  we 
always  been  armed  on  the  land  and  on  the  sea  in 
projwrtion  to  our  power,  should  we  have  gained  and 
held  the  glory  hitherto  accorded  to  us  by  civilized 
mankind  of  being  the  promoters  everywhere  of  inter- 
national law,  and  the  advocates  of  peace  and  justice 
among  nations?  And,  even  in  respect  to  power 
itself,  were  we  called  upon  to  exhibit  our  strength  in 
a  just  cause,  could  we  under  a  more  consolidated 
government,  assemble  the  overwhelming  forces  which 
the  emulation  of  rival  States  will  now  willingly  place 
at  the  service  of  the  nation  ? 

For  the  theoretical  doctrine  which  supported  the 
claims  of  nullification  and  secession,  Mr.  Jefferson 
must,  indeed,  be  held  largely  accountable;  but  this 
was  never  any  essential  part  of  his  philosophy  of  free 
government,  if  indeed  it  be  consistent  with  it.  It 
concerned  only  the  interpretation  and  effect  of  the 
particular  constitutional  instrument  by  which  the 
colonies  united  themselves  together. 

I  must  employ  a  few  words  here  to  make  this  more 
plain.  In  the  great  political  division  which  took 
place  soon  after  the  adoption  of  the  constitution. 
men  arrayed  themselves  on  the  one  side  or  the  other 
according  as  they  favored  the  advanced  doctrines  of 
popular  government,  or,  distrusting  the  capacity  of 
the  people,  inclined  towards  the  principles  and 
methods  of  a  constitutional  monarchy.  The  impulse 
of  the  movement  which  culminated  in  the  French 


Thomas  Jefferson,  its  Father        xxxi 

Revolution,  reaching  these  shores,  stirred  the  sym- 
pathies and  passions  of  both  parties,  the  one  espous- 
ing the  cause  of  Democratic  France  and  the  other  of 
monarchical  England.  The  Federal  party,  alarmed 
for  the  public  welfare,  and  fearful  lest  the  license  of 
the  French  revolutionists  should  be  repeated  on  this 
side  of  the  water,  sought  to  strengthen  authority  by 
those  acts  of  repressive  Federal  power,  since  gener- 
ally condemned,  called  the  Alien  and  Sedition  laws. 
The  constitutional  validity  of  these  was  attacked  by 
Jefferson,  and  his  argument  was  formulated  in  the 
celebrated  Kentucky  resolutions,  in  which  he  affirmed 
the  right  of  each  State,  under  the  Constitution,  to 
determine  for  itself  the  validity  of  any  Federal  enact- 
ment. The  main  question  was  not  whether  under 
a  Federal  government  formed  to  secure  the  ends 
which  ours  had  in  view,  it  would  be  wise  to  delegate 
to  the  general  government  the  exclusive  right  to 
determine  the  extent  of  its  own  powers,  but  whether 
in  point  of  fact  such  a  delegation  was  contained  in 
our  own  constitution.  Upon  this  point  it  would  be 
true  to  say  that  Mr.  Jefferson  and  his  followers  had 
their  own  way,  until  the  appearance  of  the  scene,  at 
a  later  period,  of  those  great  protagonists  in  consti- 
tutional debate,  Webster  and  Calhoun.  In  what 
condition  the  struggle  between  these  renowned 
champions  left  the  dispute  I  will  not  undertake  to 

**  Non  nostrum  tantas  componere  lites; " 

xxxii    The  University  of  Virginia,  and 

but  I  may  hazard  the  opinion  that  if  the  question 
had  been  made,  not  in  1861,  but  in  1788,  immedi- 
ately after  the  adoption  of  the  Constitution,  whether 
the  Union  as  formed  by  that  instrument  could  law- 
fully treat  the  secession  of  a  State  as  a  rebellion  and 
suppress  it  by  force,  few  of  those  who  had  partici- 
pated in  framing  that  instrument  woiild  have 
answered  in  the  affirmative. 

Nor  has  that  question  been  in  any  manner  settled 
by  the  result  of  that  civil  strife  which  has  effected 
such  a  profound  revolution  in  the  political  and 
social  world  of  America.  I  cannot  admit  the  efficacy 
of  force  to  settle  any  question  of  historic  or  scientific 
truth.  Truth  is  eternal  and  immutable,  and  the 
warfare  of  those  who  seek  to  suppress  it  will  forever 
be  in  vain.  The  question  which  the  result  of  that 
strife  did  settle,  as  has  been  eloqviently  and  power- 
fully shown  by  a  distinguished  statesman  and  jurist 
of  the  South — shown,  too,  in  pronouncing  a  glowing 
eulogy  upon  his  great  teacher  and  master,  Calhoun — 
was,  not  whether  our  Constitution  actually  created 
a  consolidated  nation — nations  cannot  be  created  by- 
agreement — but  whether  the  Federal  Union,  com- 
posed originally  of  colonies  the  people  of  which  had 
been  subjects  of  the  same  sovereign,  and  which  had 
never  occupied  the  attitude  of  independent  States 
before  the  world,  embracing,  also,  new  States  created 
out  of  territory  which  was  the  common  property  of 
all,  could — after  they  had  been  knit  together  into  a 
nation  during  the  life  of  nearly  a  century  by  the 

Thomas  Jefferson,  its  Father      xxxiii 

thousand  processes  which  time  and  nature  employ 
to  cement  and  consolidate  a  people — ^by  trade,  by 
commerce,  by  railways,  by  social  and  business  alli- 
ances, by  common  perils  and  sufferings  in  war,  by 
the  blessings,  hopes  and  aspirations  of  peace, — 
could,  after  all  this,  at  the  will  and  pleasure  of  one 
of  its  parts,  be  instantly  and  peacefully  resolved, 
not  into  its  original  elements,  but  into  supposed 
constituent  parts,  most  of  which  had  had  no  partici- 
pation in  its  original  formation.  That  was  a  ques- 
tion which  from  its  nature  could  be  settled  only  by 
trial,  and  the  trial  has  indeed  forever  settled  that, 
and — strange  thing  in  human  history — ^neither  side 
would  wish  the  decision  to  be  reversed.  Nor  should 
it  be  forgotten  that,  whatever  the  consequences,  in 
the  form  of  disunion  or  secession,  the  doctrine  of  Mr. 
Jefferson,  as  propoimded  in  the  Kentucky  resolu- 
tions, might  possibly  involve,  no  such  project  was 
ever  suggested,  or  in  any  manner  countenanced,  by 
him.  Whatever  discredit  may  be  attached  to  any 
suggestions,  in  his  day,  of  disunion  or  secession 
belongs  altogether  to  his  political  opponents. 

Are  there  any  other  respects  in  which  it  may  be 
plausibly  suggested  that  the  political  philosophy  of 
Mr.  Jefferson  has  been  discredited  by  the  teachings 
of  experience?  Does  the  General  Government  now 
need  a  larger  delegation  of  power?  Are  there  any 
functions  hitherto  performed  by  the  States  which 
should  be  relegated  to  the  central  authority?  Do 
we  need  a  large  standing  army  ?     Must  we  confront 

3cxxiv   The  University  of  Virginia,  and 

the  gigantic  naval  armaments  of  the  European 
nations  with  a  corresponding  array?  Must  we 
mingle  in  the  ambitions  of  the  great  powers  of  the 
world?  Must  we  extend  the  area  of  our  territorial 
dominion  ?  Must  we  look  on  and  behold  with  uncon- 
cern the  partitioning  of  Africa  among  the  European 
powers,  and  the  dismemberment  of  China?  Must 
we  assert  before  the  world  the  might  and  majesty  of 
seventy  millions  of  the  most  energetic  and  pro- 
ductive people  on  the  globe?  Shall  we  form  alli- 
ances with  kindred  peoples,  or  remain  in  calm  and 
forbidding  isolation  among  the  nations?  All  these 
questions  to  which,  if  proposed  in  Mr.  Jefferson's 
time,  his  teaching  would  have  returned  an  answer 
in  the  negative,  are  likely  to  press  themselves,  if  they 
are  not  already  pressing  themselves,  upon  the  public 

Time,  of  course,  does  not  permit  me  to  indulge  in 
any  consideration  of  either  of  them;  but  I  venture 
to  express  my  conviction  that  unless  the  answer  the 
American  people  make  to  them  shall  be  consistent 
with  those  principles  of  which  Mr.  Jefferson  has 
hitherto  been  regarded  as  the  champion,  there  will 
be  an  end  of  true  {xjpular  government  among  men. 
There  is — there  can  be — but  one  true  basis  of  lib- 
erty, and  that  lies  in  constantly  cherishing  the  dis- 
persion rather  than  the  concentration  of  power. 
The  individual  loses  something  of  his  liberty  the 
moment  he  clothes  another  with  any  power  over 
himself.     Nothing  can  justify  the  surrender  except 


Thomas  Jefferson,  its  Father       xxxv 

the  promise  that  by  making  it  he  better  secures  the 
liberty  he  retains.  But  with  every  new  surrender 
of  power  there  comes  a  peril.  Power  entrusted  will 
sometimes  be  abused,  and  the  temptation  to  abuse 
increases  with  the  extent  of  the  delegation.  Liberty 
is  safe  when,  and  only  when,  for  each  delegation  of 
power  which  is  demanded  a  necessity  is  shown. 

No;  the  fundamental  political  philosophy  of  Mr. 
Jefferson  has  not  been  discredited  by  time  or  experi- 
ence. It  never  will  be  discredited  while  men  retain 
a  real  love  and  a  true  comprehension  of  civil  liberty. 
And  never  more  than  at  the  present  time  has  there 
been  a  necessity  for  studying  and  teaching  within 
the  walls  of  tiniversities  the  true  principles  of  repub- 
lican liberty  and  the  practical  art  of  applying  them 
to  human  affairs.  Recreant,  indeed,  would  this 
University  be  to  the  fame  of  its  founder,  to  the  pur- 
poses for  which  it  was  established,  and  to  its  own 
obligations  to  present  and  to  future  times,  if  it 
failed  to  continue  to  maintain,  not  in  the  spirit  of 
dogmatism,  but  of  devotion  to  truth,  those  great 
principles  upon  which  free  popular  government 

If  anything  were  needed  to  impress  upon  patriotic 
minds  the  supreme  importance  of  cultivating  anew 
these  principles  and  implanting  in  all  hearts  the 
determination  to  maintain  them,  it  would  be  sup- 
plied by  the  extraordinary  spectacle  which  our 
country  exhibits  at  the  present  moment.  We  have 
volimtarily  chosen  to  break  the  peace  of  the  world 

xxxvi   The  University  of  Virginia,  and 

and  engage  in  a  war  which  already  imposes  a  heavy 
burden  upon  the  industry  and  resources  of  the  nation, 
and  which  may  become  enlarged  into  gigantic  pro- 
portions— a  war  undertaken  not  to  repel  aggression, 
but  to  check  the  disorders  and  relieve  the  oppressions 
to  which  a  neighboring  people  have  been  subjected. 
It  is,  indeed,  true  that  nations  have  their  duties  not 
only  to  themselves,  but  to  the  world;  and  these 
must  be  performed  at  whatever  hazard.  If  we  have 
not  the  virtue  to  perform  them  without  sacrificing 
cur  own  freedom,  we  have  no  right  to  be  a  republic. 
We  believe,  and  have  solemnly  avowed,  that  we 
have  taken  this  perilous  step  under  the  influence  of 
those  humane  motives  which  civilization  and  human- 
ity enjoin  us  to  obey.  For  the  sincerity  of  that 
avowal  we  must  abide  the  judgment  of  civilized 
nations,  and  this  will  largely  depend  upon  the  con- 
sistency with  that  declaration  which  our  future  con- 
duct shall  exhibit.  Even  now  the  passion  for 
national  glory,  growing  by  what  it  feeds  upon,  stim- 
ulated by  the  deeds  of  naval  skill  and  daring  on  dis- 
tant seas — deeds  which  reflect  undying  lustre  on  the 
American  name  and  excite  the  admiration  of  the 
world — is  indulging  new  visions  of  territorial  aggran- 

But  have  a  care,  Americans!  These  national 
duties  which  call  upon  us  to  raise  an  avenging  arm 
arise  only  in  those  rare  alternatives  when  all  else  has 
proved  to  be  ineffectual,  and  when  we  have  good 
reason  to  know  that  such  avenging  arm  will  be 


Thomas  Jefferson,  its  Father      xxxvii 

effectual.  Have  a  care  that  among  yotir  ruling 
motives  no  place  shall  be  allowed  to  the  mere  love  of 
military  and  naval  renown.  The  pathway  marked 
out  for  the  republic  by  its  fathers  was  one  of  peace- 
ful achievement.  Its  mission  is  peace.  A  free 
nation  can  rightftilly  have  no  other  aspiration.  But 
there  are  temptations  which  come  with  the  possession 
of  power.  Men  take  pride  in  being  the  citizens  of 
powerful  nations,  and  enjoy  the  consciousness  of 
strength.  These  temptations  are  to  be  resisted,  for 
we  may  be  sure  that  for  any  imdue  indulgence  in 
them  the  price  will  be  exacted  with  the  certainty  of 
fate;  and  this  price  is  grinding  taxation,  the  oppres- 
sion of  the  poorer  classes,  the  multiplication  of  the 
official  corps,  the  intensifying  of  the  struggle  for  the 
possession  of  governmental  patronage  and  conse- 
quent spread  of  corruption,  the  increasing  power  of 
political  bosses  and  chieftains,  the  decay  of  public 
and  civic  virtue,  and  the  resulting  danger  of  resorts 
to  revolution.  Let  not  our  future  confirm  the  sad 
lament  of  the  misanthropic  poet,  that  history  has 
but  one  page  which  reads, 

"  First  Fre6^k>m,  and  then  Glory — when  that  fails, 
Wealth,  vice,  corruption, — barbarism  at  last." 

Here,  then,  of  all  places,  let  the  true  principles  of 
liberty  and  free  government,  as  expoimded  by  Jeffer- 
son, be  forever  studied  and  taught.  Let  the  youth 
of  the  land  who  are  to  resort  hither  here  learn  the  true 
objects  of  national  ambition  and  the  methods  by 


xxxviii      The  University  of  Virginia 

which  they  are  to  be  reached.  Let  them  study  here 
the  new  problems  arising  from  the  prodigious  growth 
of  the  nation  and  its  rapid  matena!  consohdation. 
iict  them  be  taught  the  true  principles  of  legislation, 
and  by  what  methods  liberty  is  best  reconciled  with 
order  and  with  law;  and  above  all  let  them  learn  to 
prefer  for  their  countrj'  that  renown  among  the 
nations  which  comes  from  the  constant  display  of 
the  love  of  peace  and  justice. 

And  the  ancient  Commonwealth  of  Virginia, — to 
what  nobler  object  can  she  extend  her  favor  and 
support  than  the  building  up  upoii  this  historic  spot 
of  a  great  university  which  shall  be  at  once  the  home 
of  the  Sciences  and  the  Arts  and  the  nursery  of  polit- 
ical freedom?    Outshining  all  her  sister  colonies  in 
the  splendor  of  her  contribution  to  the  galaxy  of 
great  names  which  adorns  our  Revolutionary  his- 
tory, how  can  she  better  i>erpetuate  that  glory  than, 
by  sending  forth  from  her  own  soil  a  new  line  of 
patriot  statesmen?     No  jealousies  will  attend  hei — 
efforts  to  this  great  end,  and  her  sister  States  woulA- 
greet  with  delight  her  re-ascending  star  once  morc^ 
blazing  in  the  zenith  of  its  own  proper  firmament. 


r»E  University  of  Virginia,  and  Thomas  Jef-  paob 

PERSON,  ITS  Father.     By  James  C.  Carter,  LL.  D.  iii 

N'oTEs  ON  Virginia 1-261 

An  exact  description  of  the  limits  and  boundaries 

of  the  State  of  Virginia i 

A  notice  of  its  rivers,  riviilets,  and  how  far  they 

are  navigable 3 

A  notice  of  the  best  Seaports  of  the  State,  and 

size  of  the  vessels  they  can  receive 22 

A  notice  of  its  Mountains 23 

Its  Cascades  and  Caverns 27 

A  notice  of  the  mines  and  other  subterraneous 

riches;  its  trees,  plants,  fruits,  etc ^3 

A  notice  of  all  that  can  increase  the  progress  of 

Human  Knowledge 104 

The  nimiber  of  its  inhabitants 116 

The  number  and  condition  of  the  Militia  and 

Regular  Troops,  and  their  Pay 125 

The  Marine 127 

A  description  of  the  Indians  established  in  that 

State   127 

A  notice  of  the  cotmties,  cities,  townships,  and 

villages    146 

The  constitution  of  the  State  and  its  several 

charters 148 

The  administration  of  Justice  and  the  descrip- 
tion of  the  laws . . . . : 179 

The  Colleges  and  Public   Establishments,  the 

Roads,  Buildings,  etc 208 

xl  Contents 

Notes  on  Virginia— CofUinued. 

The  measures  taken  with  regard  to  the  estates 
and  possessions  of  the  Rebels,  commonly 
called  Tories 

The  different  religions  received  into  Virginia. . . 

The  particular  customs  and  manners  that  may 
happen  to  be  received  in  Virginia 

The  present  state  of  manufactures,  commerce, 
interior  and  exterior  trade 

A  notice  of  the  commercial  productions  par- 
tictdar  to  the  State,  and  of  those  objects 
which  the  inhabitants  are  obliged  to  get  from 
Europe  and  from  other  parts  of  the  world. .  . 

The  weights,  measures  and  the  currency  of  the 
hard  money.  Some  details  relating  to  ex- 
change with  Europe 

The  public  Income  and  Expenses 

The  histories  of  the  State,  the  memorials  pub- 
lished in  its  name  in  the  time  of  its  being  a 
colony,  and  the  pamphlets  relating  to  its 
interior  or  exterior  affairs  present  or  ancient. 

Appendix  to  Notes  on  Virginia 263 

No.     I.     Observations  by  Charles  Thompson . . 

No.    II.     Draft  of  a  ftmdamental  Constitution 

for  the  Commonwealth  of  Virginia. 

No.  III.    An   Act    for    establishing    ReUgious 

Freedom,  passed  in  the  Assembly 
of  Virginia  in  the  beginning  of  year 

No.  IV.  An  Appendix  relative  to  the  Mur- 
dering of  Logan's  Family 

No.    V.     Extract  of  a  Letter  from  the  Hon. 

Judge  Innes  to  Thomas  Jefferson . . 

Logan's  speech 

Contents  xli 

PPENDIX  TO  Notes  on  Virginia — Continued.  p^oB 

Affidavit  of  John  Gibson 308 

Extract  of  a  letter  from  Col.  Ebenezer  Zane  to 

the  Hon.  John  Brown 310 

Certificate  of  William  Huston 311 

Certificate  of  Jacob  Newland 312 

Certificate  of  John  Anderson 312 

Deposition  of  James  Chambers 313 

Certificate  of  David  Reddick 315 

Certificate  of  Charles  Polke 315 

Declaration  of  the  Honorable  Judge  Innes 316 

Declaration  of  William  Robinson 316 

Deposition  of  Col.  William  M'Kee 318 

Certificate  of  James  Speed,  Jr. ,  and  J.  H.  Dewes .  319 

Certificate  of  Hon.  Stevens  Thompson  Mason  . .  319 
Statement  of  Andrew  Rogers  in  regard  to  the 

speech  of  Logan  to  Lord  Dunmore 319 

Declaration  of  John  Heckewelder 320 

Historical  statement 324 

Declaration  of  John  Sappington 327 

Certificate  of  Samuel  M'Kee,  Jr 329 

Manual  of  Parliamentary  Practice 331-450 

Introduction ^^^ 

The  Importance  of  Adhering  to  Rules   335 

Legislattu'e 338 

Privilege .' 338 

Elections 346 

Qualifications 347 

Quorum 349 

Call  of  the  House 350 

Absence 350 

Speaker 351 

Address 352 

Committees 353 

Conmiittee  of  the  Whole 354 

xlii  Contents 

Manual  of  Parliamentary  Practice — Continued. 

Examination  of  Witnesses .... 

Arrangement  of  Btisiness • . . 


Order  Respecting  Papers 

Order  in  Debate 

Orders  of  the  House 





Bills,  Leave  to  Bring  in 

Bills,  First  Reading 

Bills,  Second  Reading 

Bills,  Commitments 

Report  of  Committee 

Bill,  Re-Commitment 

Bill,  Report  Taken  Up 

Quasi  Committee 

Bill,  Second  Reading  in  the  House 

Reading  Papers 

Privileged  Questions 

The  Previous  Question 


Division  of  the  Question 

Co-existing  Questions 

Equivalent  Questions 

The  Question 

Bill,  Third  Reading 

Division  of  the  House 



Bills  Sent  to  the  Other  House   

Amendments  between  the  Houses  




Manual  op  Parliamentary  Practice — Continued, 





A  Session 









{  • 

.  I 

::.;'-l    -'*:■. n-'r!: 


Jefferson  at  Forty-six Frontispiece 

Photogravure  reproduced  from  the  Bust  of  Houdon  in 
the  Rooms  of  the  New  York  Historical  Society. 


Harper's  Ferry,  Virginia xliv 

Reproduced  from  an  Old  Engraving. 

The  Natural  Bridge  of  Virginia 30 

Reproduced  from  a  Photograph. 

Fac-simile  Inscriptions 124 

Photo-engraving  of  Inscriptions  written  by  Jefferson  on 
the  Fly-leaves  of  two  Presentation  Copies  of  the  French 
Edition  of  "Notes  on  Virginia." 

James  Madison 178 

Reproduced  from  the  Original  Painting  by  Gilbert  Stuart. 

James  Monroe  244 

Reproduced  from  an  Original  Painting. 

Present  Monument  over  Jefferson's  Tomb 262 

Reproduced  from  The  Monument  that  was  put  up  at  Mon- 
ticello  in  place  of  the  one  taken  away  to  Columbia,  Mo. 

John  Adams 330 

Reproduced  from  the  Original  Painting  by  G.  P.  A.  Healy. 



"  Notes  on  Virginia"  was  written  by  Jefferson  in  answer  to  inquiries 
propounded  to  him  by  the  Marquis  de  BarW-Marbois,  then  Secretary 
of  the  French  Legation  in  Philadelphia.  Jefferson  had  aoo  copies 
privately  printed  in  Paris  in  1784  (dated  1782)  for  distribution  among 
*>is  friends  in  Europe  and  America,  No  more  authentic  account  could 
he  given  as  to  the  origin  of  the  "  Notes  on  Virginia"  than  the  account 
Jefferson  gives  us  himself  in  his  Autobiography.  This  account  is  as 

"Before  I  had  left  America,  that  is  to  say,  in  the  year  of  1781,  1 
W  received  a  letter  from  M.  de  Marbois.  of  the  French  legation  in 
Piiladelphia,  informing  me  that  he  had  been  instructed  by  his  govem- 
""fnt  to  obtain  such  statistical  accounts  of  the  different  States  of  our 
''"ion,  as  might  be  useful  for  their  information;  and  addressing  to 
'"^  a  number  of  queries  relative  to  the  State  of  Virginia.  I  had 
^vays  made  it  a  practice,  whenever  an  opportunity  occurred,  of 
"''ta.ining  any  information  of  our  country  which  might  be  of  use  to 
■"s  in  any  station,  public  or  private,  to  commit  it  to  writing.  These 
ni^«Tioranda.  were  on  loose  papers,  bundled  up  without  order,  and 
(uSicull  of  recurrence,  when  I  had  occasion  for  a  particular  one. 
'  l^hought  this  a  good  occasion  to  embody  their  substance,  which  I 
™^  in  the  order  of  M.  Marbois's  queries,  so  as  to  answer  his  wish, 
sod  to  arrange  them  for  my  own  use.  Some  friends,  to  whom  they 
wei-e  occasionally  communicated,  wished  for  copies ;  but  their  volume 
fCTt<lering  this  too  laborious  by  hand,  1  proposed  to  get  a  few  printed 
'"f  their  gratification,  I  was  asked  such  a  price,  however,  as  exceeded 
'"^  importance  of  the  object.  On  my  arrival  at  Paris,  I  found  it 
could  be  done  for  a  fourth  of  what  I  had  been  asked  here.  I,  therefore, 
™»Tected  and  enlarged  them,  and  had  two  hundred  copies  printed, 
•"xier  the  title  of  'Notes  on  Virginia.'  I  gave  a  very  few  copies  to 
^'fne  particular  persons  in  Europe,  and  sent  the  rest  to  my  friends 
'"  America.  An  European  copy,  by  the  death  of  the  owner,  got  into 
'he  hards  of  a  bookseller,  who  engaged  its  translation,  and,  when 
•^ady  for  the  press,  conmiunicated  his  intentions  and  manuscript  to 
"^e,  suggesting  that  I  should  correct  it  without  asking  any  other 
permission  for  the  publication.  I  never  had  seen  so  wretched  an 
attempt  at  translation.  Interverted,  abridged,  mutilated,  and  often 
Kvernng  the  sense  of  ttu!  original,  I  found  it  a  blotch  of  errors  from 


Introductory  Notes 

beginning  to  end.     I  corrected  some  of  the  most  material,  and,  in  tbaC^-^ 
form,  it  was  printed  in  French.     A  London  bookseller,  on  seeing  the  g 

translation,  requested  me  to  permit  him  to  print  the  English  original 

I  thought  it  best  to  do  so.  to  let  the  world  see  that  it  was  not  really 

so  bad  as  the  French  translation  had  made  it  appear.      And  this  ia^a 
the  true  history  of  that  publication." 

The  English  publisher  referred  to  by  Jeflerson  is  John  Stockdale, 
who  published  an  edition  of  the"  Notes  on  Virginia"  in  1787.  Jeffer- 
son's preface  to  this  English  edition  was  as  follows: 

"The  following  Notes  were  written  in  Virginia  in  the  year  1781, 
and  somewhat  corrected  and  enlarged  in  the  winter  of  1782,  in  answer 
to  queries  proposed  to  the  Author,  by  a  Foreigner  of  Distinction,  then 
residing  among  us.  The  subjects  are  all  treated  imperfectly;  some 
scarcely  touched  on.  To  apologize  for  this  by  developing  the  circum- 
stances of  the  time  and  place  of  their  composition,  would  be  to  open 
wounds  which  have  already  bled  enough.  To  these  circumstances 
some  of  their  imperfections  may  with  truth  be  ascribed;  the  great 
mass  to  the  want  of  information  and  want  of  talents  in  the  writer. 
He  had  a  few  copies  printed,  which  he  gave  among  his  friends;  and  a 
translation  of  them  has  been  lately  published  in  France,  but  with  such 
alterations  as  the  laws  of  the  press  in  that  country  rendered  necessary. 
They  are  now  offered  tothe  public  in  their  original  fonn  and  language." 

This  edition  included  three  "appendices"  that  Jefferson  added  aiter 
the  publication  of  the  original  edition,  and  it  was  the  first  edition  to 
announce  the  name  of  the  author.  It  was  at  once  reprinted  in 
America,  and  apparently  without  Jefferson's  consent.  A  German 
translation  was  issued  in  1789.  Another  American  reprint  ot  the 
English  edition  seems  to  have  been  made  with  Jefferson's  consent  in 
1794.  During  the  years  ot  1757  and  1798  Jefferson  wrote  an  "Appen- 
dix" relative  to  the  murder  of  Logan's  family,  which  was  added  to 
the  edition  of  1800.  All  subsequent  editions,  except  that  of  1853,  are 
reprints  of  the  text  ot  1787,  supplemented  by  the  "Appendix"  relating 
to  Logan, 

Jefferson  left  at  his  death  a  printed  copy  of  his  "Notes  on  Virginia" 
containing  a  revision  ot  the  text  and  many  manuscript  notes.  This 
copy  was  transferred  by  Jefferson's  literary  executor,  Thomas  Jefferson 
Randolph,  to  J.  W.  Randolph  &  Co.,  who  based  their  edition  ot  1853 
on  Jefferson's  final  revision. 

In  thepretaceof  this  edition  the  publishers,  incontrast  to  Jefferson's 
low  estimate  of  his  work,  declared  that  "the  beauty  of  style,  the 
accuracy  of  information,  and  the  scientific  research  displayed  in  the 
'  Notes '  have  made  them  a  permanent  part  ot  our  national  literature." 





n  exact  description  of  the  limits  and  boundaries  of 

the  State  of  Virginia? 

Virginia  is  bounded  on  the  east  by  the  Atlantic; 
fDn  the  north  by  a  line  of  latitude  crossing  the  east- 
em  shore  through  Watkin's  Point,  being  about  37^ 
57'  north  latitude;  from  thence  by  a  straight  line  to 
Cinquac,  near  the  mouth  of  Potomac;  thence  by 
the  Potomac,  which  is  common  to  Virginia  and 
Maryland,  to  the  first  fotmtain  of  its  northern 
branch;  thence  by  a  meridian  line,  passing  through 
that  foimtain  till  it  intersects  a  line  running  east 
and  west,  in  latitude  39^  43'  42.4''  which  divides 
Maryland  from  Pennsylvania,  and  which  was  marked 
by  Messrs.  Mason  and  Dixon;  thence  by  that  line, 
and  a  continuation  of  it  westwardly  to  the  comple- 
tion of  five  degrees  of  longitude  from  the  eastern 
boundary  of  Pennsylvania,  in  the  same  latitude, 
and  thence  by  a  meridian  line  to  the  Ohio;  on  the 

VOL.  II — I  (l) 

Jefferson's  Works 

west  by  the  Ohio  and  Mississippi,  to  latitude  36°  30'* 
north,  and  on  the  south  by  the  line  of  latitude  lasl 
mentioned.     By    admeasurements    through    nearly 
the  whole  of  this  last  line,  and  supplying  the  un- 
measured parts  from  good  data,  the  Atlantic  anc3 
Mississippi  are  foimd  in  this  latitude  to  be  seven 
hundred  and  fifty-eight  miles  distant,  equal  to  30° 
38'  of  longitude,  reckoning  fifty-five  miles  and  three 
thousand  one  hundred  and  forty-four  feet  to  the 
degree.     This   being   our   comprehension   of  longi- 
tude, that  of  our  latitude,  taken  between  this  and 
Mason  and  Dixon's  line,  is  3°  13'  42.4"  equal  to  two 
hundred    and    twenty-three    and    one-third    miles, 
supposing  a  degree  of  a  great  circle  to  be  sixty-nine 
miles,  eight  hundred  and  sixty-four  feet,  as  com- 
puted by   Cassina.     These  boundaries  include  an 
area    somewhat    triangular    of    one    hundred    and 
twenty-one  thousand  five  hundred  and  twenty-five 
square  miles,    whereof   seventy-nine  thousand   six 
hundred  and  fifty  lie  westward  of  the  Alleghany 
mountains,   and   fifty-seven   thousand   and   thirty- 
four  westward  of  the  meridian  of  the  mouth  of  the 
Great    Kanhaway.     This    State    is    therefore    one- 
third  larger  than  the  islands  of  Great  Britain  and 
Ireland,  which  are  reckoned  at  eighty-eight  thou- 
sand three  htmdred  and  fifty-seven  square  miles. 

These  limits  result  from,  i.  The  ancient  charters 
from  the  crown  of  England.  2.  The  grant  of  Mary- 
land to  the  Lord  Baltimore,  and  the  subsequent 
determinations  of  the  British  court  as  to  the  extent 


Notes  on  Virginia  3 

of  that  grant,  3.  The  grant  of  Pennsylvania  to 
WiUiam  Penn,  and  a  compact  between  the  general 
assemblies  of  the  commonwealths  of  Virginia  and 
Pennsylvania  as  to  the  extent  of  that  grant.  4. 
The  grant  of  Carolina,  and  actual  location  of  its 
northern  boimdary,  by  consent  of  both  parties.  5. 
The  treaty  of  Paris  of  1763.  6.  The  confirmation 
of  the  charters  of  the  neighboring  States  by  the 
convention  of  Virginia  at  the  time  of  constituting 
their  commonwealth.  7.  The  cession  made  by  Vir- 
ginia  to  Congress  of  all  the  lands  to  which  they  had 
title  on  the  north  side  of  the  Ohio. 


A  notice  of  its  rivers,  rivulets,  and  how  jar  they  are 

navigable  f 

An  inspection  of  a  map  of  Virginia,  will  give  a 
better  idea  of  the  geography  of  its  rivers,  than  any 
description  in  writing.  Their  navigation  may  be 
imperfectly  noted. 

Roanoke,  so  far  as  it  lies  within  the  State,  is  no- 
where navigable  but  for  canoes,  or  light  batteaux; 
and  even  for  these  in  such  detached  parcels  as  to 
have  prevented  the  inhabitantSsfrom  availing  them- 
selves of  it  at  all. 

James  River,  and  its  waters,  afford  navigation  as 
follows : 

The  whole  of  Elizabeth  River,  the  lowest  of  those 
which  nm  into  James  River,  is  a  harbor,  and  would 

Jefferson's  Works 

contain  upwards  of  three  hundred  ships.  The 
channel  is  from  one  hundred  and  fifty  to  two  hun- 
dred fathoms  wide,  and  at  common  flood  tide  affords 
eighteen  feet  water  to  Norfolk.  The  Stafford,  a 
sixty  gun  ship,  went  there,  Hghtening  herself  to 
cross  the  bar  at  Sowel's  Point.  The  Fier  Rodrigue, 
pierced  for  sixty-four  guns,  and  carrying  fifty,  went 
there  without  lightening.  Craney  Island,  at  the 
mouth  of  this  river,  commands  its  channel  tolerably 

Nansemond  River  is  navigable  to  Sleepy  Hole  for 
vessels  of  two  hundred  and  fifty  tons ;  to  Suffolk  for 
those  of  one  hundred  tons ;  and  to  Milner's  for  those 
of  twenty-five.  ,^^ 

Pagan  Creek  affords  eight  or  ten  feet  water  ^| 
Smithfield,  which  admits  vessels  of  twenty  tons.  ^H 

Chickahoniiny  has  at  its  mouth  a  bar,  on  which  is 
only  twelve  feet  water  at  common  flood  tide.  Ves- 
sels passing  that,  may  go  eight  miles  up  the  river; 
those  of  ten  feet  draught  may  go  four  miles  further, 
and  those  of  six  tons  burden  twenty  miles  further. 

Appojnaltox  may  be  navigated  as  far  as  Broad- 
ways, by  any  vessel  which  has  crossed  Harrison's 
bar  in  James  River;  it  keeps  eight  or  ten  feet  water 
a  mile  or  two  higher  up  to  Fisher's  bar,  and  four 
feet  on  that  and  upwards  to  Petersburg,  where  all 
navigation  ceases. 

James  River  itself  affords  a  harbor  for  vessels  of 
any  size  in  Hampton  Road,  but  not  in  safety  through 
the  whole  winter;  and  there  is  navigable  water  for 

Notes  on  Virginia  5 

tlaem  as  far  as  Mulberry  Island.     A  forty  gun  ship 
goes  to  Jamestown,   and,   lightening  herself,   may 
pass  Harrison's  bar;  on  which  there  is  only  fifteen 
feet  water.     Vessels  of  two  hundred  and  fifty  tons 
may  go  to  Warwick;    those  of  one  hundred  and 
twenty-five  go  to  Rocket's,  a  mile  below  Richmond ; 
from  thence  is  about  seven  feet  water  to  Richmond ; 
arid  about  the  centre  of  the  town,  four  feet  and  a 
tialf,  where  the  navigation  is  interrupted  by  falls, 
which  in  a  course  of  six  miles,  descend  about  eighty- 
eight  feet  perpendicular;  above  these  it  is  resumed 
in  canoes  and  batteaux,  and  is  prosecuted  safely 
and  advantageously  to  within  ten  miles  of  the  Blue 
Ridge;  and  even  through  the   Blue  Ridge  a  ton 
weight  has  been  brought;  and  the  expense  would 
not  be  great,  when  compared  with  its  object,  to  open 
a  tolerable  navigation  up  Jackson's  river  and  Car- 
penter's creek,  to  within  twenty-five  miles  of  How- 
ard's creek  of  Green  Briar,  both  of  which  have  then 
water  enough  to  float  vessels  into  the  Great  Kanha- 
way.     In  some  future  state  of  population  I  think  it 
possible  that  its  navigation  may  also  be  made  to 
interlock  with  that  of  the  Potomac,  and  through 
that  to  communicate  by  a  short  portage  with  the 
Ohio.     It  is  to  be  noted  that  this  river  is  called  in 
the  maps  James  River,  only  to  its  confluence  with 
the  Rivanna;  thence  to  the  Blue  Ridge  it  is  called 
the  Fluvanna;  and  thence  to  its  source  Jackson's 
river.     But  in  common  speech,  it  is  called  James 
River  to  its  sotu'ce. 

6  Jefferson's  Works 

The  Rivanna,  a  branch  of  James  River,  is  navij 
ble  for  canoes  and  batteanx  to  its  intersection  wil 
the  South- West  mountains,  which  is  about  twenty^^^^r- 
two  miles;  and  may  easily  be  opened  to  na vigatio^cr *n 
through  these  mountains  to  its  fork  above  Cham^- 

York  River,  at  Yorktown,  affords  the  best  harbc^ir^r 
in  the  State  for  vessels  of  the  largest  size.     The 

there  narrows  to  the  width  of  a  mile,  and  is  container-  -d 
within  very  high  banks,  close  under  which  vessel^K 

may  ride.     It  holds  four  fathom  water  at  high  tid e 

for  twenty-five  miles  above  York  to  the  mouth  c^f 
Poropotank,  where  the  river  is  a  mile  and  a  half  wid^^, 
and  the  channel  only  seventy-five  fathom,  and  pass  - 
ing  under  a  high  bank.     At  the  confluence  of  Patnufm- 
key  and  Mattapony,  it  is  reduced  to  three  fathom 
depth,  which  continues  up  Pamunkey  to  Ciunber- 
land,  where  the  width  is  one  htmdred  yards,  and  up 
Mattapony  to  within  two  miles  of  Frazier's  ferry, 
where  it  becomes  two  and  a  half  fathom  deep,  and 
holds  that   about  five  miles.     Pamunkey  is  then 
capable  of  navigation  for  loaded  flats  to  Brockman's 
bridge,  fifty  miles  above  Hanover  town,  and  Matta- 
pony to  Downer's  bridge,  seventy  miles  above  its 

Piankatank,  the  little  rivers  making  out  of  Mch- 
jack  Bay  and  those  of  the  eastern  shore,  receive  only 
very  small  vessels,  and  these  can  but  enter  them. 

Rappahannock  affords  four  fathom  water  to  Hobb's 
hole,  and  two  fathom  from  thence. to  Fredericksburg. 

Notes  on  Virginia 

Potomac  is  seven  and  a  half  miles  wide  at  the 
mouth;  four  and  a  half  at  Nomony  bay;  three  at 
Aquia;  one  and  a  half  at  Hallowing  point;  one  and 
a  quarter  at  Alexandria.  Its  soundings  are  seven 
fathom  at  the  mouth ;  five  at  St.  George's  island ;  four 
a,nd  a  half  at  Lower  Matchodic;  three  at  Swan's 
point,  and  thence  up  to  Alexanderia ;  thence  ten  feet 
"Water  to  the  falls,  which  are  thirteen  miles  above 
Alexandria.  These  falls  are  fifteen  miles  in  length, 
and  of  very  great  descent,  and  the  navigation  above 
them  for  batteaux  and  canoes  is  so  much  interrupted 
as  to  be  little  used.  It  is,  however,  used  in  a  small 
degree  up  the  Cohongoronta  branch  as  far  as  fort 
Cumberland,  which  was  at  the  mouth  of  Willis's  creek 
and  is  capable,  at  no  great  expense,  of  being  rendered 
Terv  practicable.  The  Shenandoah  branch  inter- 
locks with  James  river  about  the  Blue  Ridge,  and 
ma)-  perhaps  in  future  be  opened. 

The  Mississippi  will  be  one  of  the  principal  chan- 
nels of  future  commerce  for  the  country  westward 
of  the  Alleghany.  From  the  mouth  of  this  river 
to  where  it  receives  the  Ohio,  is  one  thousand  miles 
by  water,  but  only  five  hundred  by  land,  passing 
through  the  Chickasaw  country.  From  the  mouth 
of  the  Ohio  to  that  of  the  Missouri,  is  two  himdred 
^HVid  thirty  miles  by  water,  and  one  hundred  and 
^pforty  by  land,  from  thence  to  the  mouth  of  the  Illi- 
nois river,  is  about  twenty-five  miles.  The  Missis- 
sippi, below  the  mouth  of  the  Missouri,  is  always 
nmddy,    and    aboimding    with    sand    bars,    which 

8  Jefferson's  Works 

frequently  change  their  places.  However,  it  carries 
fifteen  feet  water  to  the  mouth  of  the  Ohio,  to  which 
place  it  is  from  one  and  a  half  to  two  miles  wide, 
and  thence  to  Kaskaskia  from  one  mile  to  a  mile 
and  a  quarter  wide.  Its  current  is  so  rapid,  that  it 
never  can  be  stemmed  by  the  force  of  the  wind  alone, 
acting  on  sails.  Any  vessel,  however,  navigated 
with  oars,  may  come  up  at  any  time,  and  receive 
much  aid  from  the  wind.  A  batteau  passes  from 
the  mouth  of  Ohio  to  the  mouth  of  Mississippi  in 
three  weeks,  and  is  from  two  to  three  months  getting 
up  again.  During  its  floods,  which  are  periodical 
as  those  of  the  Nile,  the  largest  vessels  may  pass 
down  it,  if  their  steerage  can  be  insured.  These 
floods  begin  in  April,  and  the  river  returns  into  its 
banks  early  in  August.  The  intmdation  extends 
further  on  the  western  than  eastern  side,  covering 
the  lands  in  some  places  for  fifty  miles  from  its  banks. 
Above  the  mouth  of  the  Missouri  it  becomes  much 
such  a  river  as  the  Ohio,  like  it  clear  and  gentle  in 
its  current,  not  quite  so  wide,  the  period  of  its  floods 
nearly  the  same,  but  not  rising  to  so  great  a  height. 
The  streets  of  the  village  at  Cohoes  are  not  more 
than  ten  feet  above  the  ordinary  level  of  the  water, 
and  yet  were  never  overflowed.  Its  bed  deepens 
every  year.  Cohoes,  in  the  memory  of  many 
people  now  living,  was  insulated  by  every  flood  of 
the  river.  What  was  the  eastern  channel  has  now 
become  a  lake,  nine  miles  in  length  and  one  in  width, 
ir'w  which  the  river  at  this  day  never  flows.     This 

Notes  on  Virginia  9 

river  yields  turtle  of  a  peculiar  kind,  perch,  trout, 
gar,  pike,  mullets,  herrings,  carp,  spatula-fish  of 
fifty  pounds  weight,  cat-fish  of  one  hundred  pounds 
Weight,  buffalo  fish,  and  sturgeon.  Alligators  or 
crocodiles  have  been  seen  as  high  up  as  the  Acansas. 
It  also  abounds  in  herons,  cranes,  ducks,  brant, 
geese,  and  swans.  Its  passage  is  commanded  by  a 
fort  established  by  this  State,  five  miles  below  the 
rnouth  of  the  Ohio,  and  ten  miles  above  the  Caro- 
lina boundary. 

The  Missouri,  since  the  treaty  of  Paris,  the  Illinois 
^nd  northern  branches  of  the  Ohio,  since  the  ces- 
sion to  Congress,  are  no  longer  within  our  limits. 
"Yet  having  been  so  heretofore,  and  still  opening  to 
xis  channels  of  extensive  commimication  with  the 
"western  and  north-western  cotmtry,  they  shall  be 
aioted  in  their  order. 

The  Missouri  is,  in  fact,  the  principal  river,  con- 
tributing more  to  the  common  stream  than  does  the 
Mississippi,  even  after  its  jimction  with  the  Illinois. 
It  is  remarkably  cold,  muddy,  and  rapid.  Its  over- 
flowings are  considerable.  They  happen  during 
the  months  of  Jime  and  July-  Their  commence- 
ment being  so  much  later  than  those  of  the  Missis- 
sippi, would  induce  a  belief  that  the  sources  of  the 
Missouri  are  northward  of  those  of  the  Mississippi, 
unless  we  suppose  that  the  cold  increases  again  with 
the  ascent  of  the  land  from  the  Mississippi  west- 
wardly.  That  this  ascent  is  great,  is  proved  by  the 
rapidity  of  the  river.     Six  miles  above  the  mouth, 

Jefferson's  Works 


it  is  brought  within  the  compass  of  a  quarter  of  a 
mile's  width;  yet  the  Spanish  merchants  at  Pancore, 
or  St.  Louis,  say  they  go  two  thousand  miles  up  it. 
It  heads  far  westward  of  the  Rio  Norte,  or  North 
River,  There  is,  in  the  villages  of  Kaskaskia, 
Cohoes,  and  St.  Vincennes,  no  inconsiderable  quan- 
tity of  plate,  said  to  have  been  plundered  during 
the  last  war  by  the  Indians  from  the  churches  and 
private  houses  of  Santa  F6,  on  the  North  river,  and 
brought  to  the  villages  for  sale.  From  the  mouth 
of  the  Ohio  to  Santa  F6  are  forty  days  journey,  or 
about  one  thousand  miles.  What  is  the  shortest 
distance  between  the  navigable  waters  of  the  Mis- 
souri, and  those  of  the  North  river,  or  how  far  this 
is  navigable  above  Sante  F6,  I  could  never  leam. 
From  Santa  F6  to  its  mouth  in  the  Gulf  of  Mexico 
is  about  twelve  hundred  miles.  The  road  from 
New  Orleans  to  Mexico  crosses  this  river  at  the  post 
of  Rio  Norte,  eight  hundred  miles  below  Santa  Fe, 
and  from  this  post  to  New  Orleans  is  about  twelve 
himdred  miles;  thus  making  two  thousand  miles 
between  Santa  F^  and  NewOrleans,  passing  down  the 
North  river.  Red  river,  and  Mississippi;  whereas  it 
is  two  thousand  two  hundred  and  thirty  through 
the  Missouri  and  Mississippi.  From  the  same  post 
of  Rio  Norte,  passing  near  the  mines  of  La  Sierra  and 
Laiguana,  which  are  between  the  North  river,  and 
the  river  Salina  to  Sartilla,  is  three  hundred  and 
seventy-five  miles,  and  from  thence,  passing  the 
mines  of  Charcas,  Zaccatecas,  and  Potosi,  to  the 


Notes  on  Virginia  ii 

city  of  Mexico,  is  three  hundred  and  seventy-five 
miles;  in  all,  one  thousand  five  hundred  and  fifty 
miles  from  Santa  F6  to  the  city  of  Mexico.  From 
New  Orleans  to  the  city  of  Mexico  is  about  one 
thousand  nine  hundred  and  fifty  miles;  the  roads 
after  setting  out  from  the  Red  river,  near  Natchi- 
toches, keeping  generally  parallel  with  the  coast, 
and  about  two  htmdred  miles  from  it,  till  it  enters 
the  city  of  Mexico. 

The  Illinois  is  a  fine  river,  clear,  gentle,  and  without 
rapids;  insomuch  that  it  is  navigable  for  batteaux 
to  its  source.  From  thence  is  a  portage  of  two  miles 
only  to  the  Chicago,  which  affords  a  batteau  naviga- 
tion of  sixteen  miles  to  its  entrance  into  lake  Michi- 
gan. The  Illinois,  about  ten  miles  above  its  mouth, 
is  three  htmdred  yards  wide. 

The  Kaskaskia  is  one  htmdred  yards  wide  at  its 
entrance  into  the  Mississippi,  and  preserves  that 
breadth  to  the  Btiffalo  plains,  seventy  miles  above. 
So  far,  also,  it  is  navigable  for  loaded  batteatix,  and 
perhaps  much  further.     It  is  not  rapid. 

The  Ohio  is  the  most  beautiful  river  on  earth.  Its 
ctirrent  gentle,  waters  clear,  and  bosom  smooth 
and  tmbroken  by  rocks  and  rapids,  a  single  instance 
only  excepted. 

It  is  one-qtiarter  of  a  mile  wide  at  Fort  Pitt,  five 
hundred  yards  at  the  mouth  of  the  Great  Kanhaway,  . 
one  mile  and  twenty-five  poles  at  Louisville,  one- 
quarter  of  a  mile  on  the  rapids  three  or  fotir  miles 
below  Louisville,  half  a  mile  where  the  low  cotmtry 


Jefferson's  Works 

begins,  which  is  twenty  miles  above  Green  river,  a 
mile  and  a  quarter  at  the  receipt  of  the  Tennessee, 
and  a  mile  wide  at  the  mouth. 

Its  length,  as  measured  according  to  its  meanders 
by  Captain  Hutchins,  is  as  follows: — 

From  Fort  Pitt 

To  Log's  Town i8)4 

Big  Beaver  Creek loj^ 

Little  Beaver  Creek 13^^ 

Yellow  Creek 1 1 3:^ 

Two  Creeks 2 1 J^ 

Long  Reach 53  J^ 

End  Long  Reach i6J^ 

Muskingum ^5}^ 

Little  Kanhaway 1 2  J^ 

Hockhocking 16 

Great  Kanhaway ^2}^ 

Guiandot 4^% 

Sandy  Creek 14^^ 

Sioto 48Ji 

Little  Miami ia6^ 

Licking  Creek 8 

Great  Miami 26?^ 

Big  Bones 32 H 

Kentucky 44  Ji 

Rapids 77Ji 

Low  Country ^55 Ji 

Buflfalo  River 64}^ 

Wabash 97  Ji 

Big  Cave 42 Ji 

Shawanee  River S^J^ 

Cherokee  River 13 

Massac 11 

Mississippi 46 


In  common  winter  and  spring  tides  it  affords  fif- 
teen feet  water  to  Louisville,  ten  feet  to  Le  Tarte's 
rapids,  forty  miles  above  the  mouth  of  the  great 
Kanhaway,  and  a  sufficiency  at  all  times  for  light 
batteaux  and  canoes  to  Fort  Pitt.  The  rapids  are  in 
latitude  38°  8'.  The  inundations  of  this  river  begin 
about  the  last  of  March,  and  subside  in  July.  Dtu"- 
ing  these,  a  first-rate  man-of-war  may  be  carried 
from  Louisville  to  New  Orleans,  if  the  sudden  turns 
of  the  river  and  the  strength  of  its  current  will  admit 
a  safe  steerage.  The  rapids  at  Louisville  descend 
about  thirty  feet  in  a  length  of  a  mile  and  a  half. 

Notes  on  Virginia  13 

The  bed  of  the  river  there  is  a  soHd  r(3ck,  and  is 
divided  by  an  island  into  two  branches,  the  south- 
em  of  which  is  about  two  hundred  yards  wide,  and 
is  dry  four  months  in  the  year.  The  bed  of  the 
northern  branch  is  worn  into  channels  by  the  con- 
stant course  of  the  water,  and  attrition  of  the  pebble 
stones  carried  on  with  that,  so  as  to  be  passable  for 
batteaux  through  the  greater  part  of  the  year.  Yet 
it  is  thought  that  the  southern  arm  may  be  the  most 
easily  opened  for  constant  navigation.  The  rise  of 
the  waters  in  these  rapids  does  not  exceed  ten  or 
twelve  feet.  A  part  of  this  island  is  so  high  as  to 
have  been  never  overflowed,  and  to  command  the 
settlement  at  Louisville,  which  is  opposite  to  it. 
The  fort,  however,  is  situated  at  the  head  of  the 
falls.  The  ground  on  the  south  side  rises  very 

The  Tennessee,  Cherokee,  or  Hogohege  river,  is 
six  hundred  yards  wide  at  its  mouth,  a  quarter  of  a 
mile  at  the  mouth  of  Holston,  and  two  hundred 
yards  at  Chotee,  which  is  twenty  miles  above  Hol- 
ston, and  three  hundred  miles  above  the  mouth  of 
the  Tennessee.  This  river  crosses  the  southern 
botmdary  of  Virginia,  fifty-eight  miles  from  the 
Mississippi.  Its  current  is  moderate.  It  is  navi- 
gable for  loaded  boats  of  any  burden  to  the  Muscle 
shoals,  where  the  river  passes  through  the  Cumber- 
land motmtain.  These  shoals  are  six  or  eight  miles 
long,  passable  downwards  for  loaded  canoes,  but 
not  upwards,  tmless  there  be  a  swell  in  the  river. 

14  Jefferson's  Works 

Above  these  the  navigation  for  loaded  canoes  and 
batteaux  continues  to  the  Long  island.  This  river 
has  its  inundations  also.  Above  the  Chickamogga 
towns  is  a  whirlpool  called  the  Sucking-pot,  which 
takes  in  trunks  of  trees  or  boats,  and  throws  them 
out  again  half  a  mile  below.  It  is  avoided  by  keep- 
ing very  close  to  the  bank,  on  the  south  side.  There 
are  but  a  few  miles  portage  between  a  branch  of  this 
river  and  the  navigable  waters  of  the  river  Mobile, 
which  nms  into  the  Gulf  of  Mexico. 

Cumberland,   or   Shawanee   river,   intersects   the 
botmdary    between    Virginia    and    North    Carolina 
sixty-seven  miles  from  the  Mississippi,  and  again 
one  hundred  and  ninety-eight  miles  from  the  same 
river,  a  little  above  the  entrance  of  Obey's  river  into 
the  Cumberland.     Its  Clear  fork  crosses  the  same 
boundary  about  three  hundred  miles  from  the  Mis- 
sissippi.    Cumberland    is    a    very    gentle    stream, 
navigable  for  loaded  batteaux  eight  htmdred  miles, 
without  interruption;  then  intervene  some  rapids 
of  fifteen  miles  in  length,  after  which  it  is  agaia 
navigable  seventy  miles  upwards,  which  brings  yoia. 
within  ten  miles  of  the  Cumberland  moimtains.    It 
is  about  one  hundred  and  twenty  yards  wide  througti. 
its  whole  course,  from  the  head  of  its  navigation  to 
its  mouth. 

The  Wabash  is  a  very  beautiful  river,  four  hun.- 
dred  yards  wide  at  the  mouth,  and  three  himdred  at 
St.  Vincennes,  which  is  a  post  one  himdred  mil^ 
above  the  mouth,   in  a  direct  line.     Within 

Notes  on  Virginia  15 

spa.ce  there  are  two  small  rapids,  which  give  very 
little  obstruction  to  the  navigation.  It  is  four 
hixridred  yards  wide  at  the  mouth,  and  navigable 
thirty  leagues  upwards  for  canoes  and  small  boats. 
From  the  mouth  of  Maple  river  to  that  of  Eel  river 
is  about  eighty  miles  in  a  direct  line,  the  river  con- 
tinuing navigable,  and  from  one  to  two  hundred 
yards  in  width.  The  Eel  river  is  one  hundred  and 
fifty  yards  wide,  and  affords  at  all  times  navigation 
for  periaguas,  to  within  eighteen  miles  of  the  Miami 
of  the  Lake.  The  Wabash,  from  the  mouth  of  Eel 
ri^v-er  to  Little  river,  a  distance  of  fifty  miles  direct, 
is  interrupted  with  frequent  rapids  and  shoals, 
wlxich  obstruct  the  navigation,  except  in  a  swell. 
L-ittle  river  affords  navigation  during  a  swell  to 
within  three  miles  of  the  Miami,  which  thence 
afiEords  a  similar  navigation  into  Lake  Erie,  one 
hiindred  miles  distant  in  a  direct  line.  The  Wa- 
l^ash  overflows  periodically  in  correspondence  with 
t^he  Ohio,  and  in  some  places  two  leagues  from  its 

Oreen  River  is  navigable  for  loaded  batteaux  at  all 
tirnes  fifty  miles  upwards;  but  it  is  then  interrupted 
by  impassable  rapids,  above  which  the  navigation 
^gain  commences  and  continues  good  thirty  or  forty 

Itriiles  to  the  mouth  of  Barren  river. 
Kentucky  River  is  ninety  yards  wide  at  the  mouth, 
and  also  at  Boonsborough,  eighty  miles  above.     It 
affords  a  navigation  for  loaded  batteaux  one  hundred 
and  eighty  miles  in  a  direct  line,  in  the  winter  tides. 


i6  Jefferson's  Works 

The  Great  Miami  of  the  Ohio,  is  two  htind 
yards  wide  at  the  mouth.     At  the  Piccawee  towni 

seventy-five  miles  above,  it  is  reduced  to  thirt; 

yards;  it    is,    nevertheless,    navigable    for    load 
canoes  fifty  miles  above  these  towns.     The  portag"^ 
from  its  western  branch  into  the  Miami  of  Lakre 
Erie,  is  five  miles ;  that  from  its  eastern  branch  into 
Sandusky  river,  is  of  nine  miles. 

Salt  River  is  at  all  times  navigable  for  loaded 
batteaux  seventy  or  eighty  miles.  It  is  eighty 
yards  wide  at  its  mouth,  and  keeps  that  width  to 
its  fork,  twenty-five  miles  above. 

The  Little  Miami  of  the  Ohio,  is  sixty  or  seventy 
yards  wide  at  its  mouth,  sixty  miles  to  its  source, 
and  affords  no  navigation. 

The  Sioto  is  two  hundred  and  fifty  yards  wide  at 
its  mouth,  which  is  in  latitude  38°  22',  and  at  the 
Saltlick  towns,  two  himdred  miles  above  the  mouth, 
it  is  yet  one  himdred  yards  wide.  To  these  towns 
it  is  navigable  for  loaded  batteaux,  and  its  eastern 
branch  affords  navigation  almost  to  its  source. 

Great  Sandy  River  is  about  sixty  yards  wide,  and 
navigable  sixty  miles  for  loaded  batteaux. 

Guiandot  is  about  the  width  of  the  river  last  men- 
tioned, but  is  more  rapid.  It  may  be  navigated  by 
canoes  sixty  miles. 

The  Great  Kanhaway  is  a  river  of  considerable 
note  for  the  fertility  of  its  lands,  and  still  more,  as 
leading  towards  the  head  waters  of  James  river. 
Nevertheless,  it  is  doubtful  whether  its  great  and 

Notes  on  Virginia  17 

numerotis  rapids  will  admit  a  navigation,  but  at  an 
expense  to  which  it  will  require  ages  to  render  its 
inhabitants  equal.  The  great  obstacles  begin  at 
what  are  called  the  Great  Falls,  ninety  miles  above 
the  mouth,  below  which  are  only  five  or  six  rapids, 
and  these  passable,  with  some  difficulty,  even  at 
low  water.  From  the  falls  to  the  mouth  of  Green- 
briar  is  one  himdred  miles,  and  thence  to  the  lead 
mines  one  htmdred  and  twenty.  It  is  two  hundred 
and  eighty  yards  wide  at  its  mouth. 

Hockhocking  is  eighty  yards  wide  at  its  mouth, 
and  yields  navigation  for  loaded  batteaux  to  the 
Press-place,  sixty  miles  above  its  mouth. 

The  Little  Kanhaway  is  one  hundred  and  fifty 
yards  wide  at  the  mouth.  It  yields  a  navigation  of 
ten  miles  only.  Perhaps  its  northern  branch,  called 
Junius'  creek,  which  interlocks  with  the  western 
of  Monongahela,  may  one  day  admit  a  shorter  pas- 
sage from  the  latter  into  the  Ohio. 

The  Muskingum  is  two  hundred  and  eighty  yards 
wide  at  its  mouth,  and  two  hundred  yards  at  the 
lower  Indian  towns,  one  himdred  and  fifty  miles 
upwards.  It  is  navigable  for  small  batteaux  to 
within  one  mile  of  a  navigable  part  of  Cuyahoga 
river,  which  runs  into  Lake  Erie. 

At  Fort  Pitt  the  river  Ohio  loses  its  name,  branch- 
ing into  the  Monongahela  and  Alleghany. 

The  Monongahela  is  four  hundred  yards  wide  at 
its  mouth-  From  thence  is  twelve  or  fifteen  miles 
to  the  mouth  of  Yohogany,  where  it  is  three  htmdred 

VOL.  II — 2 

Jefferson's  Works 

yards  wide.  Thence  to  Redstone  by  water  is  fifty 
miles,  by  land  thirty.  Then  to  the  mouth  of  Cheat 
river  by  water  forty  miles,  by  land  twenty-eight, 
the  width  continuing  at  three  hundred  yards,  and 
the  navigation  good  for  boats.  Thence  the  width 
is  about  two  hundred  yards  to  the  western  fork, 
fifty  miles  higher,  and  the  navigation  frequently 
interrupted  by  rapids,  which,  however,  with  a  swell 
of  two  or  three  feet,  become  very  passable  for  boats. 
It  then  admits  light  boats,  except  in  dry  seasons, 
sixty-five  miles  further  to  the  head  of  Tygart's 
valley,  presenting  only  some  small  rapids  and  falls 
of  one  or  two  feet  perpendicular,  and  lessening  it  its 
width  to  twenty  yards.  The  Western  fork  is  navi- 
gable in  the  winter  ten  or  fifteen  miles  towards  the 
nothern  of  the  Little  Kanhaway,  and  will  admit  a 
good  wagon  road  to  it.  The  Yohogany  is  the  prin- 
cipal branch  of  this  river.  It  passes  through  the 
Laurel  mountain,  about  thirty  miles  from  its  mouth; 
is  so  far  from  three  hundred  to  one  hundred  and  fifty 
yards  wide,  and  the  navigation  much  obstructed  in 
dry  weather  by  rapids  and  shoals.  In  its  pass^e 
through  the  mountain  it  makes  very  great  falls, 
admitting  no  navigation  for  ten  miles  to  the  Turkey 
Foot.  Thence  to  the  Great  Crossing,  about  twenty 
miles,  it  is  again  navigable,  except  in  dry  seasons, 
and  at  this  place  is  two  hundred  yards  wide.  The 
sources  of  this  river  are  divided  from  those  of  the 
Potomac  by  the  Alleghany  mountain.  Prom  the 
falls,  where  it  intersects  the  Laurel  mountain,   to 


Notes  on  Virginia  ^9 

Fort  Cumberland,  the  head  of  the  navigation  on 
the  Potomac,  is  forty  miles  of  very  motmtainous 
road.  Wills'  creek,  at  the  mouth  of  which  was  Fort 
Cumberland,  is  thirty  or  forty  yards  wide,  but  affords 
no  navigation  as  yet.  Cheat  river,  another  con- 
siderable branch  of  the  Monongahela,  is  two  hundred 
yards  wide  at  its  mouth,  and  one  hundred  yards  at 
the  Dunkard's  settlement,  fifty  miles  higher.  It  is 
navigable  for  boats,  except  in  dry  seasons.  The 
boundary  between  Virginia  and  Pennsylvania  crosses 
it  about  three  or  four  miles  above  its  mouth. 

The  Alleghany  river,  with  a  slight  swell,  affords 
navigation  for  light  batteaux  to  Venango,  at  the 
mouth  of  French  Creek,  where  it  is  two  htmdred 
yards  wide,  and  is  practised  even  to  Le  Boeuf ,  from 
whence  there  is  a  portage  of  fifteen  miles  to  Presque 
Isle  on  the  Lake  Erie. 

The  country  watered  by  the  Mississippi  and  its 
eastern  branches,  constitutes  five-eighths  of  the 
United  States,  two  of  which  five-eighths  are  occupied 
by  the  Ohio  and  its  waters ;  the  residuary  streams 
which  run  into  the  Gulf  of  Mexico,  the  Atlantic,  and 
the  St.  Lawrence,  water  the  remaining  three-eighths. 

Before  we  quit  the  subject  of  the  western  waters, 
we  will  take  a  view  of  their  principal  connections 
with  the  Atlantic.  These  are  three;  the  Hudson 
river,  the  Potomac,  and  the  Mississippi  itself.  Down 
the  last  will  pass  all  heavy  commodities.  But  the 
navigation  through  the  Gulf  of  Mexico  is  so  danger- 
ous, and  that  up  the  Mississippi  so  difficult  and  tedious, 

20  Jefferson's  Works 

that  it  is  thought  probable  that  European  merchan- 
dise will  not  return  through  that  channel.    It  is 
most  likely  that  flour,   timber,   and  other  heavy 
articles  will  be  floated  on  rafts,  which  will  them- 
selves be  an  article  for  sale  as  well  as  their  loading, 
the  navigators  returning  by  land,  or  in  light  batteaux. 
There  will,  therefore,  be  a  competition  between  the 
Hudson  and  Potomac  rivers  for  the  residue ,  of  the 
commerce  of  all  the  country  westward  of  Lake  Erie, 
on  the  waters  of  the  lakes,  of  the  Ohio,  and  upper 
parts  of  the  Mississippi.     To  go  to  New  York,  that 
part  of  the  trade  which  comes  from  the  lakes  ot 
their  waters,  must  first  be  brought  into  Lake  Erie- 
Between  Lake  Superior  and  its  waters  and  Huroai 
are  the  rapids  of  St.  Mary,  which  will  permit  boat5 
to  pass,  but  not  larger  vessels.     Lakes  Huron  and 
Michigan  afford  communication  with  Lake  Erie  by 
vessels  of  eight  feet  draught.     That  part  of  the  trad^ 
which  comes  from  the  waters  of  the  Mississippi  must 
pass  from   them   through   some  portage  into  the 
waters  of  the  lakes.     The  portage  from  the  Illinois 
river  into  a  water  of  Michigan  is  of  one  mile  only. 
From  the  Wabash,  Miami,  Muskingum,  or  Alleghany, 
are  ix)rtages  into  the  waters  of  Lake  Erie,  of  from 
one  to  fifteen  miles.     When  the  commodities  are 
brought  into,  and  have  passed  through  Lake  Erie 
there  is  between  that  and  Ontario  an  interruptior 
by  the  falls  of  Niagara,  where  the  portage  is  of  eighi 
miles;  and  between  Ontario  and  the  Hudson  rive 
are  portages  at  the  falls  of  Onondago,  a  little  ahovi 

Notes  on  Virginia  21 

Oswego,  of  a  quarter  of  a  mile;  from  Wood  creek 
to  the  Mohawks  river  two  miles;  at  the  little  falls 
of  the  Mohawks  river  half  a  mile ;  and  from  Schenec- 
tady to  Albany  sixteen  miles.  Besides  the  increase 
of  expense  occasioned  by  frequent  change  of  carriage, 
there  is  an  increased  risk  of  pillage  produced  by 
committing  merchandise  to  a  greater  number  of 
hands  successively.  The  Potomac  offers  itself  tmder 
the  following  circumstances:  For  the  trade  of  the 
lakes  and  their  waters  westward  of  Lake  Erie,  when 
it  shall  have  entered  that  lake,  it  must  coast  along 
its  southern  shore,  on  accotmt  of  the  number  and 
excellence  of  its  harbors;  the  northern,  though 
shortest,  having  few  harbors,  and  these  imsafe.  Hav- 
ing reached  Cuyahoga,  to  proceed  on  to  New  York 
it  will  have  eight  hundred  and  twenty-five  miles 
and  five  portages;  whereas  it  is  but  four  hundred 
and  twenty-five  miles  to  Alexandria,  its  emporium 
on  the  Potomac,  if  it  turns  into  the  Cuyahoga,  and 
passes  through  that.  Big  Beaver,  Ohio,  Yohogany, 
(or  Monongahela  and  Cheat,)  and  Potomac,  and 
there  are  but  two  portages;  the  first  of  which,  be- 
tween Cuyahoga  and  Beaver,  may  be  removed  by 
uniting  the  sources  of  these  waters,  which  are  lakes 


in  the  neighborhood  of  each  other,  and  in  a  cham- 
paign coimtry;  the  other  from  the  waters  of  Ohio 
to  Potomac  will  be  from  fifteen  to  forty  miles,  accord- 
ing to  the  trouble  which  shall  be  taken  to  approach 
the  two  navigations.  For  the  trade  of  the  Ohio,  or 
that  which  shall  come  into  it  from  its  own  waters 

22  Jefferson's  Works 

or  the  Mississippi,  it  is  nearer  through  the  Potomac^ 
to  Alexandria  than  to  New  York  by  five  himdredL 
and  eighty  miles,  and  it  is  interrupted  by  one  port — 
age  only.     There  is  another  circumstance  of  differ — 
ence,  too.   The  lakes  themselves  never  freeze,  but  th^ 
communications  between  them  freeze,  and  the  Hud — 
son  river  is  itself  shut  up  by  the  ice  three  months  i 
the  year;  whereas  the  channel  to  the  Chesapeak 
leads  directly  into  a  warmer  climate.     The  southern, 
parts  of  it  very  rarely  freeze  at  all,  and  whenever 
the  northern  do,  it  is  so  near  the  sources  of  the  rivers, 
that  the  frequent  floods  to  which  they  are  there 
liable,  break  up  the  ice  immediately,  so  that  vessels 
may  pass  through  the  whole  winter,  subject  only  to 
accidental  and  short  delays.     Add  to  all  this,  that 
in  case  of  war  with  our  neighbors,  the  Anglo-Ameri- 
cans or  the  Indians,  the  route  to  New  York  becomes 
a  frontier  through  almost  its  whole  length,  and  all 
commerce  through  it  ceases  from  that  moment.    But 
the  channel  to  New  York  is  already  known  to  prac- 
tice, whereas  the  upper  waters  of  the  Ohio  and  the 
Potomac,  and  the  great  falls  of  the  latter,  are  yet  to  be 
cleared  of  their  fixed  obstructions.   See  Appendix  (A.) 


A  notice  of  the  best  Seaports  of  the  State,  and  how  big 

are  the  vessels  they  can  receive  ? 

Having  no  ports  but  our  rivers  and  creeks,  this 
Query  has  been  answered  under  the  preceding  one. 

Notes  on  Virginia 



A  notice  of  its  Mountains  ? 

For  the  particular  geography  of  our  mountains  I 
'^iriust  refer  to  Fry  and  Jefferson's  map  of  Virginia; 
^-3id  to  Evans'  analysis  of  this  map  of  America,  for 
^  more  philosophical  view  of  them  than  is  to  be 
^ound  in  any  other  work.     It  is  worthy  of  notice,  that 
<i>ur  moimtains  are  not  solitary  and  scattered  con- 
fusedly over  the  face  of  the  country;  but  that  they 
<2»mmence  at  about  one  hundred  and  fifty  miles  from 
^he  sea-coast,   are  disposed   in   ridges,   one  behind 
■snother,  running  nearly  parallel  with  the  sea-coast, 
"though  rather  approaching  it  as  they  advance  north- 
eastwardly.    To  the  south-west,  as  the  tract  of  coun- 
Llxy  between  the  sea-coast  and  the  Mississippi  be- 
»mes    narrower,    the    mountains    converge    into    a 
ridge,  which,  as  it  approaches  the  Gulf  of 
I  Mexico,  subsides  into  plain  country,  and  gives  rise 
f  to  some  of  the  waters  of  that  gulf,  and  particularly 
I  to  a  river  called  the  Apalachicola,  probably  from 
I  the  Apalachies,  an  Indian  nation  formerly  residing 
on  it.     Hence  the  mountains  giving  rise  to   that 
river,  and  seen  from  its  various  parts,  were  called 
the  Apalachian  mountains,  being  in  fact  the  end  or 
termination  only  of  the  great  ridges  passing  through 
the    continent.     European    geographers,    however, 
extended  the  name  northwardly  as  far  as  the  moun- 
tains extended;  some  giving  it,  after  their  separa- 
tion into  different  ridges,  to  the  Blue  Ridge,  others 

24  Jefferson's  Works 

to  the  North  Mountain,  others  to  the  Alleghan,  3 
others  to  the  Laurel  Ridge,  as  may  be  seen  by  th^ir 
different  maps.     But  the  fact  I  believe  is,  that  no«ne 
of  these  ridges  were  ever  known  by  that  name  't^ 
the  inhabitants,  either  native  or  emigrant,  but  as 
they  saw  them  so  called  in  European  maps.     In  th^ 
same  direction,  generally,  are  the  veins  of  limestone, 
coal,  and  other  minerals  hitherto  discovered;  and 
so  range  the  falls  of  our  great  rivers.     But  the 
courses  of  the  great  rivers  are  at  right  angles  with 
these.     James  and  Potomac  penetrate  through  all 
the  ridges  of  mountains  eastward  of  the  Alleghany; 
that  is,  broken  by  no  water  course.     It  is  in  fact  the 
spine  of  the  cotmtry  between  the  Atlantic  on  one 
side,  and  the  Mississippi  and  St.  Lawrence  on  the 
other.     The  passage  of  the  Potomac  through  the 
Blue  Ridge  is,  perhaps,  one  of  the  most  stupendous 
scenes  in  nature.     You  stand  on  a  very  high  f)oint 
of  land.     On  your  right  comes  up  the  Shenandoah, 
having  ranged  along  the  foot  of  the  moimtain  an 
hundred  miles  to  seek  a  vent.     On  your  left  ai>- 
proaches  the  Potomac,  in  quest  of  a  passage  also. 
In  the  moment  of  their  junction,  they  rush  together 
against  the  mountain,  rend  it  asunder,  and  pass  off 
to  the  sea.     The  first  glance  of  this  scene  hurries 
our  senses  into  the  opinion,  that  this  earth  has  been 
created  in  time,  that  the  mountains  were  formed 
first,  that  the  rivers  began  to  flow  afterwards,  that 
in  this  place,  particularly,  they  have  been  dammed 
up  by  the  Blue  Ridge  of  moimtains,  and  have  formed 

Notes  on  Virginia  25 

an  ocean  which  filled  the  whole  valley;  that  con- 
tinuing to  rise  they  have  at  length  broken  over  at 
this  spot,  and  have  torn  the  mountain  down  from 
its  stimmit  to  its  base.  The  piles  of  rock  on  each 
hand,  but  particularly  on  the  Shenandoah,  the  evi- 
dent marks  of  their  disrupture  and  avulsion  from 
their  beds  by  the  most  powerful  agents  of  nature, 
corroborate  the  impression.  But  the  distant  finish- 
ing which  nature  has  given  to  the  picture,  is  of  a  very 
different  character.  It  is  a  true  contrast  to  the 
foreground.  It  is  as  placid  and  delightful  as  that  is 
wild  and  tremendous.  For  the  mountain  being 
cloven  asimder,  she  presents  to  your  eye,  through  the 
cleft,  a  small  catch  of  smooth  blue  horizon,  at  an 
infinite  distance  in  the  plain  coimtry,  inviting  you, 
as  it  were,  from  the  riot  and  tumult  roaring  around, 
to  pass  through  the  breach  and  participate  of  the 
calm  below.  Here  the  eye  ultimately  composes 
itself;  and  that  way,  too,  the  road  happens  actually 
to  lead.  You  cross  the  Potomac  above  the  junction, 
pass  along  its  side  through  the  base  of  the  mountain 
for  three  miles,  its  terrible  precipices  hanging  in 
fragments  over  you,  and  within  about  twenty  miles 
reach  Fredericktown,  and  the  fine  country  round 
that.  This  scene  is  worth  a  voyage  across  the 
Atlantic.  Yet  here,  as  in  the  neighborhood  of  the 
Nattiral  Bridge,  are  people  who  have  passed  their 
lives  within  half  a  dozen  miles,  and  have  never  been 
to  survey  these  monuments  of  a  war  between  rivers 
and  mountains,  which  must  have  shaken  the  earth 
itself  to  its  centre.    See  Appendix  (B.) 

26  Jefferson's  Works 

The  height  of  otir  mountains  has  not  yet  been 
estimated  with  any  degree  of  exactness.  The  Alle- 
ghany being  the  great  ridge  which  divides  the  waters 
of  the  Atlantic  from  those  of  the  Mississippi,  its 
siimmit  is  doubtless  more  elevated  above  the  oceaa 
than  that  of  any  other  mountain.  But  its  relative 
height,  compared  with  the  base  on  which  it  stands, 
is  not  so  great  as  that  of  some  others,  the  country 
rising  behind  the  successive  ridges  like  the  steps 
of  stairs.  The  mountains  of  the  Blue  Ridge,  and 
of  these  the  Peaks  of  Otter,  are  thought  to  be  of  a 
greater  height,  measured  from  their  base,  than  any 
others  in  our  country,  and  perhaps  in  North  America. 
From  data,  which  may  found  a  tolerable  conjecture, 
we  suppose  the  highest  peak  to  be  about  fotir  thou- 
sand feet  perpendicular,  which  is  not  a  fifth  part  of 
the  height  of  the  mountains  of  South  America,  nor 
one-third  of  the  height  which  would  be  necessary  in 
our  latitude  to  preserve  ice  in  the  open  air  unmelted 
through  the  year.  The  ridge  of  mountains  next  be- 
yond the  Blue  Ridge,  called  by  us  the  North  moun- 
tain, is  of  the  greatest  extent;  for  which  reason  they 
were  named  by  the  Indians  the  endless  moimtains. 

A  substance  supposed  to  be  Pumice,  found  float- 
ing on  the  Mississippi,  has  induced  a  conjecture  that 
there  is  a  volcano  on  some  of  its  waters ;  and  as  these 
are  mostly  known  to  their  sources,  except  the  Mis- 
souri, our  expectations  of  verifying  the  conjecture 
would  of  course  be  led  to  the  mountains  which  divide 
the  waters  of  the  Mexican  Gulf  from  those  of  the 

Notes  on  Virginia  27 

South  Sea;  but  no  volcano  having  ever  yet  been 
Xmown  at  such  a  distance  from  the  sea,  we  must 
xather  suppose  that  this  floating  substance  has  been 
erroneously  deemed  Pimiice. 


Its  Cascades  and  Caverns  ? 

The  only  remarkable  cascade  in  this  country  is 
that  of  the  Falling  Spring  in  Augusta.  It  is  a  water 
of  James'  river  where  it  is  called  Jackson's  river, 
rising  in  the  warm  spring  mountains,  about  twenty 
miles  southwest  of  the  warm  spring,  and  flowing 
into  that  valley.  About  three-quarters  of  a  mile 
from  its  source  it  falls  over  a  rock  two  himdred  feet 
into  the  valley  below.  The  sheet  of  water  is  broken 
in  its  breadth  by  the  rock,  in  two  or  three  places,  but 
not  at  all  in  its  height.  Between  the  sheet  and  the 
rock,  at  the  bottom,  you  may  walk  across  dry.  This 
cataract  will  bear  no  comparison  with  that  of  Nia- 
gara as  to  the  quantity  of  water  composing  it;  the 
sheet  being  only  twelve  or  fifteen  feet  wide  above  and 
somewhat  more  spread  below;  but  it  is  half  as  high 
again,  the  latter  being  only  one  htmdred  and  fifty- 
six  feet,  according  to  the  mensuration  made  by  order 
of  M.  Vaudreuil,  Governor  of  Canada,  and  one  him- 
dred and  thirty  according  to  a  more  recent  account. 

In  the  lime-stone  country  there  are  many  caverns 
of  very  considerable  extent.  The  most  noted  is 
called  Madison's  Cave,  and  is  on  the  north  side  of 


Jefferson's  Works 

the  Blue  Ridge,  near  the  intersection  of  the  Rock- 
ingham and  Augusta  line  with  the  south  fork  of  the 
southern  river  of 
Shenandoah.  It 
is  in  a  hill  of  about 
two  hundred  feet 
height,  the  ascent 
of  which,  on  one 
side,  is  so  steep 
that  you  may 
pitch  a  biscuit 
from  its  summit 
into  the  river 
which  washes  its 
base.  The  en- 
trance of  the  cave 
is,  in  this  side, 
about  two-thirds 
of  the  way  up.  It 
extends  into  the 
earth  about  three 
hundred  feet, 
branching  into 
sulx)rdinate  cav- 
erns, sometimes 
ascending  a  little,  but  more  generally  descending, 
and  at  length  terminates,  in  two  different  places,  at 
basons  of  water  of  unknown  extent,  and  which  I 
should  judge  to  be  nearly  on  a  level  with  the  water 

Notes  on  Virginia  29 

of  the  river ;  however,  I  do  not  think  they  are  formed 
by  refluent  water  from  that,  because  they  are  never 
turbid;  because  they  do  not  rise  and  fall  in  corre- 
spondence with  that  in  times  of  flood  or  of  drought ; 
and  because  the  water  is  always  cool.  It  is  probably 
one  of  the  many  reservoirs  with  which  the  interior 
parts  of  the  earth  are  supposed  to  abound,  and  yield 
supplies  to  the  fountains  of  water,  distinguished  from 
others  only  by  being  accessible.  The  vault  of  this 
cave  is  of  solid  lime-stone,  from  twenty  to  forty 
or  fifty  feet  high ;  through  which  water  is  continually 
percolating.  This,  trickling  down  the  sides  of  the 
cave,  has  incrusted  them  over  in  the  form  of  elegant 
drapery;  and  dripping  from  the  top  of  the  vault 
generates  on  that  and  on  the  base  below,  stalactites 
of  a  conical  form,  some  of  which  have  met  and 
formed  massive  columns. 

Another  of  these  caves  is  near  the  North  moimtain, 
in  the  county  of  Frederic,  on  the  lands  of  Mr.  Zane. 
The  entrance  into  this  is  on  the  top  of  an  extensive 
ridge.  You  descend  thirty  or  forty  feet,  as  into  a 
well,  from  whence  the  cave  extends,  nearly  hori- 
zontally, four  hundred  feet  into  the  earth,  preserv- 
ing a  breadth  of  from  twenty  to  fifty  feet,  and  a 
height  of  from  five  to  twelve  feet.  After  entering 
this  cave  a  few  feet,  the  mercury,  which  in  the  open 
air  was  50°,  rose  to  57°  of  Fahrenheit's  thermom- 
eter, answering  to  11°  of  Reaumur's,  and  it  contin- 
ued at  that  to  the  remotest  parts  of  the  cave.  The 
uniform  temperature  of  the  cellars  of  the  observa- 


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Notes  on  Virginia  3^ 

head,  must  not  be  pretermitted.  It  is  on  the  ascent 
of  a  hill,  which  seems  to  have  been  cloven  throtigh 
its  length  by  some  great  convulsion.  The  fissure, 
just  at  the  bridge,  is,  by  some  admeasurements,  two 
hundred  and  seventy  feet  deep,  by  others  only  two 
hundred  and  five.  It  is  about  forty-five  feet  wide 
at  the  bottom  and  ninety  feet  at  the  top;  this  of 
course  determines  the  length  of  the  bridge,  and  its 
height  from  the  water.  Its  breadth  in  the  middle 
is  about  sixty  feet,  but  more  at  the  ends,  and  the 
thickness  of  the  mass,  at  the  summit  of  the  arch, 
about  forty  feet.  A  part  of  this  thickness  is  con- 
stituted by  a  coat  of  earth,  which  gives  growth  to 
many  large  trees.  The  residue,  with  the  hill  on  both 
sides,  is  one  solid  rock  of  lime-stone.  The  arch 
approaches  the  semi-elliptical  form;  but  the  larger 
axis  of  the  ellipsis,  which  would  be  the  cord  of  the 
arch,  is  many  times  longer  than  the  transverse. 
Though  the  sides  of  this  bridge  are  provided  in  some 
parts  with  a  parapet  of  fixed  rocks,  yet  few  men 
have  resolution  to  walk  to  them,  and  look  over  into 
the  abyss.  You  involuntarily  fall  on  your  hands 
and  feet,  creep  to  the  parapet,  and  peep  over  it. 
Looking  down  from  this  height  about  a  minute,  gave 
me  a  violent  head-ache.  If  the  view  from  the  top 
be  painful  and  intolerable,  that  from  below  is  delight- 
ful in  an  equal  extreme.  It  is  impossible  for  the 
emotions  arising  from  the  sublime  to  be  felt  beyond 
what  they  are  here ;  so  beautiful  an  arch,  so  elevated, 
so  light,  and  springing  as  it  were  up  to  heaven!  The 

32  Jefferson's  Works 

rapture  of  the  spectator  is  really  indescribable ! 
fissure  continuing  narrow,  deep,  and  straight,  for  i 
considerable  distance  above  and  below  the  bridgeT 
opens  a  short  but  very  pleasing  view  of  the  North 
mountain  on  one  side  and  the  Blue  Ridge  on  the 
other,  at  the  distance  each  of  them  of  about  five 
miles.  This  bridge  is  in  the  county  of  Rockbridge, 
to  which  it  has  given  name,  and  affords  a  public  and 
commodious  passage  over  a  valley  which  cannot  be 
crossed  elsewhere  for  a  considerable  distance.  The 
stream  passing  under  it  is  called  Cedar  creek.  It  is 
a  water  of  James'  river,  and  sufficient  in  the  driest 
seasons  to  turn  a  grist-mill,  though  its  fountain  is  not 
more  than  two  miles  above.' 

'  Don  UUoa  mentions  a.  break,  similar  to  this,  in  the  province  o( 
Angaraea,  in  South  America,  It  is  from  sixteen  to  twenty-two  feet 
wide,  one  hundred  and  eleven  feet  deep,  and  of  1.3  miles  continuance, 
English  measure.  Its  breadth  at  top  is  not  sensibly  greater  than  at 
bottom.  But  the  following  fact  is  remarkable,  and  will  furnish  some 
light  tor  conjecturing  the  probable  origin  of  our  natural  bridge.  "  Esta 
caxa.  &  cauce  est&  cortada  en  p6na  viva  con  tanta  precision,  que  las 
desig:ualdades  del  un  lado  cntrantes,  correspondcn  d  las  del  otro  lado 
salientes,  como  si  aquella  altura  se  hubiese  abierto  expresamentc.  con 
BUS  bueltas  y  tortuosidades,  para  darle  transito  a  los  aguas  por  cntre 
los  dos  morallones  que  la  forman ;  siendo  tal  su  igualdad,  que  si  Uegasen 
d  juntarseseendentarian  uno  con  otro  sin  dextar  hueco."  Not.  Amer. 
ii.  {  10.  Don  Ulloa  inclines  to  the  opinion  that  this  channel  has  been 
effected  by  the  wearing  of  the  water  which  runs  through  it,  rather  than 
that  the  mountain  should  have  been  broken  open  by  any  convulsion 
of  nature.  But  i£it  had  been  worn  by  the  running  of  water,  would  not 
the  rocks  which  form  the  sides,  have  been  worn  plain  ?  or  if,  meeting 
in  some  parts  with  veins  of  harder  stone,  the  water  had  left  promi- 
nences on  the  one  side,  would  not  the  same  cause  have  sometimes,  or 
perhaps  generally,  occasioned  prominences  on  the  other  side  also? 
Vet  Don  Ulloa  tells  us,  that  on  the  other  side  there  are  always  corre- 
sponding cavities,  and  that  these  tally  with  the  prominences  so  per- 

Notes  on  Virginia 



^^^J^M^^ebf  the  mines  and  other  subterraneous  riches; 

^K  its  trees,  plants,  fruits,  etc. 

^  I   knew  a  single  instance  of  gold  found  in  this 

State.  It  was  interspersed  in  small  specks  through 
a  lump  of  ore  of  about  four  pounds  weight,  which 
yielded  seventeen  pennyweights  of  gold,  of  extraor- 
dinary ductility.  This  ore  was  found  on  the  north 
Iside  of  Rappahanoc,  about  four  miles  below  the 
falls.  I  never  heard  of  any  other  indication  of  gold 
in  its  neighborhood. 

On  the  Great  Kanhaway,  opposite  to  the  mouth 
of  Cripple  creek,  and  about  twenty-five  miles  from 
our  southern  boundary,  in  the  county  of  Montgom- 
ery, are  mines  of  lead.  The  metal  is  mixed,  some- 
times with  earth,  and  sometimes  with  rock,  which 
requires  the  force  of  gunpowder  to  open  it;  and  is 
accompanied  with  a  portion  of  silver  too  small  to  be 
"worth   separation   under  any  process  hitherto   at- 

t  tempted  there.  The  proportion  yielded  is  from 
£fty  to  eighty  pounds  of  pure  metal  from  one  hun- 
Sectly,  that,  were  the  two  sides  to  come  together  they  would  fit  in  all 
■»heir  indentures,  without  leaving  any  void.  I  think  that  this  does 
anot  resemble  the  effect  of  running  water,  but  looks  rather  as  if  the 
■two  sides  had  parted  asunder.  The  sides  of  the  break,  over  which  is 
"the  natural  bridge  of  Virginia,  consisting  of  a  veiny  rock  which  yields 
"to  time,  the  correspondence  between  the  salient  and  re-entering 
inequahties,  if  it  existed  at  all,  has  now  disappeared.  This  break 
lias  the  advantage  of  the  one  described  by  Don  UUoa  in  its  finest  cir- 
^rumstance;  no  portion  in  that  instance  having  held  together,  during 
'Khe  separation  of  the  other  parts,  so  as  to  form  a  bridge  over  the  abyss. 
vol.   II — 3 

34  Jefferson's  Works 

dred  pounds  of  washed  ore.  The  most  common  is 
that  of  sixty  to  one  hundred  poimds.  The  veins 
are  sometimes  most  flattering,  at  others  they  disap- 
pear suddenly  and  totally.  They  enter  the  side  of 
the  hill  and  proceed  horizontally.  Two  of  them  are 
wrought  at  present  by  the  public,  the  best  of  which 
is  one  hundred  yards  under  the  hill.  These  wotold 
employ  about  fifty  laborers  to  advantage.  We 
have  not,  however,  more  than  thirty  generally,  and 
these  cultivate  their  own  com.  They  have  pro- 
duced sixty  tons  of  lead  in  the  year ;  but  the  general 
quantity  is  from  twenty  to  twenty-five  tons.  The 
present  furnace  is  a  mile  from  the  ore  bank  and  on 
the  opposite  side  of  the  river.  The  ore  is  first  wag- 
oned to  the  river,  a  quarter  of  a  mile,  then  laden  on 
board  of  canoes  and  carried  across  the  river,  which 
is  there  about  two  hundred  yards  wide,  and  then 
again  taken  into  wagons  and  carried  to  the  furnace. 
This  mode  was  originally  adopted  that  they  might 
avail  themselves  of  a  good  situation  on  a  creek  for  a 
pounding  mill ;  but  it  would  be  easy  to  have  the  fur- 
nace and  pounding  mill  on  the  same  side  of  the  river, 
which  would  yield  water,  without  any  dam,  by  a 
canal  of  about  half  a  mile  in  length.  From  the 
furnace  the  lead  is  transported  one  hundred  and 
thirty  miles  along  a  good  road,  leading  through 
the  peaks  of  Otter  to  Lynch's  ferry,  or  Winston's 
on  James'  river,  from  whence  it  is  carried  by  water 
about  the  same  distance  to  Westham.  This  land 
carriage  may  be  greatly  shortened,  by  delivering  the 

Notes  on  Virginia  35 

lead  on  James'  river,  above  the  Blue  Ridge,  from 
whence  a  ton  weight  has  been  brought  on  two 
canoes.  The  Great  Kanhaway  has  considerable 
falls  in  the  neighborhood  of  the  mines.  About  seven 
miles  below  are  three  falls,  of  three  or  four  feet  per- 
pendicular each;  and  three  miles  above  is  a  rapid 
of  three  mUes  continuance,  which  has  been  compared 
in  its  descent  to  the  great  falls  of  James'  river.  Yet 
it  is  the  opinion,  that  they  may  be  laid  open  for 
useful  navigation,  so  as  to  reduce  very  much  the 
portage  between  the  Kanhaway  and  James'  river. 

A  valuable  lead  mine  is  said  to  have  been  lately 
discovered  in  Cumberland,  below  the  mouth  of  Red 
river.  The  greatest,  however,  known  in  the  western 
country,  are  on  the  Mississippi,  extending  from  the 
mouth  of  Rock  river  one  hundred  and  fifty  miles 
upwards.  These  are  not  wrought,  the  lead  used  in 
that  country  being  from  the  banks  on  the  Spanish 
side  of  the  Mississippi,  opposite  to  Kaskaskia. 

A  mine  of  copper  was  once  opened  in  the  county 
of  Amherst,  on  the  north  side  of  James'  river,  and 
another  in  the  opposite  country,  on  the  south  side. 
However,  either  from  bad  management  or  the  pov- 
erty of  the  veins,  they  were  discontinued.  We  are 
told  of  a  rich  mine  of  native  copper  on  the  Ouabache, 
below  the  upper  Wiaw. 

The  mines  of  iron  worked  at  present  are  Calla- 
way's, Ross's,  and  Ballendine's,  on  the  south  side 
of  James'  river;  Old's  on  the  north  side,  in  Albe- 
marle; Miller's  in  Augusta,  and  Zane's  in  Frederic. 

Jefferson's  Works 

These  two  last  are  in  the  valley  between  the  Blue 
Ridge  and  North  mountain.  Callaway's,  Ross's, 
Miller's,  and  Zane's  make  about  one  hundred  and 
fifty  tons  of  bar  iron  each,  in  the  year.  Ross's 
makes  also  about  sixteen  hundred  tons  of  pig  iron 
annually;  Ballendine's  one  thousand;  Callaway's, 
Miller's,  and  Zane's,  about  six  hundred  each.  Be- 
sides these,  a  forge  of  Mr.  Hunter's,  at  Fredericks- 
burg, makes  about  three  hundred  tons  a  year  of  bar 
iron,  from  pigs  imported  from  Maryland;  and  Tay- 
lor's forge  on  Neapsco  of  Potomac,  works  in  the 
same  way,  but  to  what  extent  I  am  not  informed. 
The  indications  of  iron  in  other  places  are  numerous, 
and  dispersed  through  all  the  middle  country.  The 
toughness  of  the  cast  iron  of  Ross's  and  Zane's 
furnaces  is  very  remarkable.  Pots  and  other  uten- 
sils, cast  thinner  than  usual,  of  this  iron,  may  be 
safely  thrown  into,  or  out  of  the  wagons  in  which 
they  are  transported.  Salt-pans  made  of  the  same, 
and  no  longer  wanted  for  that  purpose,  cannot  be 
broken  up,  in  order  to  be  melted  again,  unless  pre- 
viously drilled  in  many  parts. 

In  the  western  country,  we  are  told  of  iron  mines 
between  the  Muskingum  and  Ohio;  of  others  on 
Kentucky,  between  the  Cumberland  and  Barren 
rivers,  between  Cumberland  and  Tennessee,  on 
Reedy  creek,  near  the  Long  Island,  and  on  Chesnut 
creek,  a  branch  of  the  Great  Kanhaway,  near  where 
it  crosses  the  Carolina  line.  What  are  called  the 
iron  banks,  on  the  Mississippi,  are  believed,  by  a 

Notes  on  Virginia  37 

good  judge,  to  have  no  iron  in  them.  In  general, 
from  what  is  hitherto  known  of  that  country,  it 
seems  to  want  iron. 

Considerable  quantities  of  black  lead  are  taken 
occasionally  for  use  from  Winterham  in  the  county 
of  Amelia.  I  am  not  able,  however,  to  give  a  partic- 
ular state  of  the  mine.  There  is  no  work  established 
at  it;  those  who  want,  going  and  procuring  it  for 

The  country  on  James'  river,  from  fifteen  to  twenty 
miles  above  Richmond,  and  for  several  miles  north- 
ward and  southward,  is  replete  with  mineral  coal  of 
a  very  excellent  quality.  Being  in  the  hands  of 
many  proprietors,  pits  have  been  opened,  and, 
before  the  interruption  of  our  commerce,  were 
worked  to  an  extent  equal  to  the  demand. 

In  the  western  country  coal  is  known  to  be  in  so 
many  places,  as  to  have  induced  an  opinion,  that  the 
whole  tract  between  the  Laurel  mountain,  Missis- 
sippi, and  Ohio,  yields  coal.  It  is  also  known  in 
many  places  on  the  north  side  of  the  Ohio.  The 
coal  at  Pittsburg  is  of  very  superior  quality.  A  bed 
of  it  at  that  place  has  been  a-fire  since  the  year  1765. 
Another  coal-hill  on  the  Pike-nm  of  Monongahela 
has  been  a-fire  ten  years;  yet  it  has  burnt  away 
about  twenty  yards  only. 

I  have  known  one  instance  of  an  emerald  found  in 
this  country.  Amethysts  have  been  frequent,  and 
crystals  common;  yet  not  in  such  numbers  any  of 
them  as  to  be  worth  seeking. 


Jefferson's  Works 

There  is  very  good  marble,  and  in  very  great 
abundance,  on  James'  river,  at  the  mouth  of  Rock- 
fish.  The  samples  I  have  seen,  were  some  of  them 
of  a  white  as  pure  as  one  might  expect  to  find  on  the 
surface  of  the  earth;  but  most  of  them  were  varie- 
gated with  red,  blue,  and  purple.  None  of  it  has 
been  ever  worked.  It  forms  a  very  large  precipice, 
which  hangs  over  a  navigable  part  of  the  river.  It 
is  said  there  is  marble  at  Kentucky. 

But  one  vein  of  limestone  is  known  below  the  Blue 
Ridge.  Its  first  appearance,  in  our  country,  is  in 
Prince  William,  two  miles  below  the  Pignut  ridge  of 
mountains;  thence  it  passes  on  nearly  parallel  with 
that,  and  crosses  the  Rivanna  about  five  miles  be- 
low it,  where  it  is  called  the  South-west  ridge.  It 
then  crosses  Hard-ware,  above  the  mouth  of  Hud- 
son's creek,  James'  river  at  the  mouth  of  Rockfish, 
at  the  marble  quarry  before  spoken  of,  probably 
runs  up  that  river  to  where  it  appears  again  at 
Ross's  iron-works,  and  so  passes  off  south-west- 
wardly  by  Flat  Creek  of  Otter  river.  It  is  never 
more  than  one  hundred  yards  wide.  From  the  Blue 
Ridge  westwardly,  the  whole  country  seems  to  be 
founded  on  a  rock  of  limestone,  besides  infinite 
quantities  on  the  surface,  both  loose  and  fixed.  This 
is  cut  into  beds,  which  range,  as  the  mountains  and 
sea-coast  do,  from  south-west  to  north-east,  the 
lamina  of  each  bed  declining  from  the  horizon 
towards  a  parallelism  with  the  axis  of  the  earth. 
Being  struck  with  this  observation,  I  made,  with 


Notes  on  Virginia 




a  quadrant,  a  great  number  of  trials  on  the  angles 
of  their  declination,  and  found  them  to  vary  from 
22*'  to  60°;  but  averaging  all  my  trials,  the  result 
was  within  one-third  of  a  degree  of  the  elevation 
of  the  pole  or  latitude  of.  the  place,  and  much  the 
greatest  part  of  them  taken  separately  were  little 
different   from    that;    by    which   it    appears,   that 
these  lamina   are,  in  the  main,  parallel  with  the 
axis  of  the  earth.      In   some  instances,  indeed,   I 
found    them    perpendicular,    and    even    reclining 
the  other  way;    but    these   were    extremely   rare, 
and    always    attended    with    signs    of    convulsion, 
or   other  circumstances  of    singularity,  which   ad- 
mitted a  possibility  of  removal  from  their  original 
position.     These  trials  were  made  between  Madi- 
son's cave  and  the  Potomac.     We  hear  of  limestone 
on  the  Mississippi  and  Ohio,  and  in  all  the  moun- 
tainous country  between  the  eastern  and  western 
"waters,  not  on  the  moimtains  themselves,  but  occu- 
tying  the  valleys  between  them. 
Near  the  eastern  foot  of  the  North  mountain  are 
immense  bodies  of  Schist,  containing  impressions  of 
shells  in  a  variety  of  forms.     I  have  received  petri- 
fied  shells  of  very   different  kinds  from   the   first 
sources  of  Kentucky,  which  bear  no  resemblance 
to  any  I  have  ever  seen  on  the  tide-waters.     It  is 
said  that  shells  are  found  in  the  Andes,  in  South 
America,  fifteen  thousand  feet  above  the  level  of  the 
ocean.     This  is  considered  by  many,  both  of  the 
beamed  and  unlearned,  as  a  proof  of  an  luiiversal 

40  Icftciwh'sWotks 

deluge.  To  the  many  consideratioiis  opposing  this 
opinion,  the  following  may  be  added:  The  atmos- 
phere, and  all  its  contents,  whether  of  water,  air,  or 
other  matter,  gravitate  to  the  earth;  that  is  to  say, 
they  have  weight.  Experience  tells  us,  that  the 
weight  of  all  these  together  never  exceeds  that  of  a 
column  of  mercury  of  thirty-one  inches  height, 
which  is  equal  to  one  of  rain  water  of  thirty-five  feet 
high.  If  the  whole  contents  of  the  atmosphere, 
then,  were  water,  instead  of  what  they  are,  it  woidd 
cover  the  globe  but  thirty-five  feet  deep;  but  as 
these  waters,  as  they  fell,  would  nm  into  the  seas, 
the  superficial  measure  of  which  is  to  that  of  the  dry 
parts  of  the  globe,  as  two  to  one,  the  seas  would  be 
raised  only  fifty-two  and  a  half  feet  above  their  pres- 
ent level,  and  of  cotirse  would  overflow  the  lands  to 
that  height  only.  In  Virginia  this  would  be  a  very 
small  proportion  even  of  the  champaign  country, 
the  banks  of  our  tide  waters  being  frequently,  if  not 
generally,  of  a  greater  height.  Deluges  beyond  this 
extent,  then,  as  for  instance,  to  the  North  mountain 
or  to  Kentucky,  seem  out  of  the  laws  of  nature.  But 
within  it  they  may  have  taken  place  to  a  greater  or 
less  degree,  in  proportion  to  the  combination  of 
natural  causes  which  may  be  supposed  to  have  pro- 
duced them.  History  renders  probably  some  in- 
stances of  a  partial  deluge  in  the  country  lying  rotmd 
the  Mediterranean  sea.  It  has  been  often^  supposed, 
and  it  is  not  unlikely,  that  that  sea  was  once  a  lake. 

*  2  Buffon  Epoques,  96. 

Notes  on  Virginia  4i 

While  such,  let  us  admit  an  extraordinary  collection 
of  the  waters  of  the  atmosphere  from  the  other  parts 
of  the  globe  to  have  been  discharged  over  that  and 
the  countries  whose  waters  run  into  it.  Or  without 
supposing  it  a  lake,  admit  such  an  extraordinary  col- 
lection of  the  waters  of  the  atmosphere,  and  an  influx 
from  the  Atlantic  ocean,  forced  by  long-continued 
western  winds.  The  lake,  or  that  sea,  may  thus 
have  been  so  raised  as  to  overflow  the  low  lands 
adjacent  to  it,  as  those  of  Egypt  and  Armenia,  which, 
according  to  a  tradition  of  the  Egyptians  and  He- 
brews, were  overflowed  about  two  thousand  three 
hundred  years  before  the  Christian  era;  those  of 
Attica,  said  to  have  been  overflowed  in  the  time  of 
t^'ges,  about  five  hundred  years  later;  and  those 
ofThessaly,  in  the  time  of  Deucalion,  still  three  hun- 
dred years  posterior.  But  such  deluges  as  these  will 
not  account  for  the  shells  found  in  the  higher  lands. 
A  second  opinion  has  been  entertained,  which  is, 
that  in  times  anterior  to  the  records  either  of  history 
Or  tradition,  the  bed  of  the  ocean,  the  principal 
residence  of  the  shelled  tribe,  has,  by  some  great 
convulsion  of  natiue,  been  heaved  to  the  heights  at 
^'hich  we  now  find  shells  and  other  marine  animals. 
The  favorers  of  this  opinion  do  well  to  suppose  the 
great  events  on  which  it  rests  to  have  taken  place 
heyond  all  the  eras  of  history;  for  within  these,  cer- 
tainly, none  such  are  to  be  found;  and  we  may 
Venture  to  say  farther,  that  no  fact  has  taken  place, 
either  in  our  own  days,  or  in  the  thoiisands  of  veara 


Jefferson's  Works 


recorded  in  history,  which  proves  the  existence  m 
any  natural  agents,  within  or  without  the  bowels  of 
the  earth,  of  force  sufficient  to  heave,  to  the  height 
of  fifteen  thousand  feet,  such  masses  as  the  Andes. 
The  difference  between  the  power  necessary  to  pro- 
duce such  an  effect,  and  that  which  shuffled  together — 
the  different  parts  of  Calabria  in  our  days,  is  so  im- 
mense, that  from  the  existence  of  the  latter,  we  are 
not  authorized  to  infer  that  of  the  former. 

M.  de  Voltaire  has  suggested  a  third  solution  of 
this  difficulty.  (Quest.  Encycl.  Coquilles.)  He  cites 
an  instance  in  Touraine,  where,  in  the  space  of 
eighty  years,  a  particular  spot  of  earth  had  been 
twice  metamorphosed  into  soft  stone,  which  had 
become  hard  when  employed  in  building.  In  this 
stone  shells  of  various  kinds  were  produced,  discov- 
erable at  first  only  with  a  microscope,  but  after- 
wards growing  with  the  stone.  From  this  fact,  I 
suppose,  he  would  have  us  infer,  that,  besides  the 
usual  process  for  generating  shells  by  the  elabora- 
tion of  earth  and  water  in  animal  vessels,  nature 
may  have  provided  an  equivalent  operation,  by 
passing  the  same  materials  through  the  pores  of 
calcareoxis  earths  and  stones;  as  we  see  calcareous 
drop-stones  generating  every  day,  by  the  percolation 
of  water  through  lime-stone,  and  new  marble  form- 
ing in  the  quarries  from  which  the  old  has  been  taken 
out.  And  it  might  be  asked,  whether  is  it  more 
difficult  for  nature  to  shoot  the  calcareous  juice  into 
the  form  of  a  shell,  than  other  juices  into  the  forms 


Notes  on  Virginia  43 

of  crystals,  plants,  animals,  according  to  the  con- 
struction of  the  vessels  through  which  they  pass  ? 
There  is  a  wonder  somewhere.  Is  it  greatest  on 
this  branch  of  the  dilemma;  on  that  which  supposes 
the  existence  of  a  power,  of  which  we  have  no  evi- 
dence in  any  other  case;  or  on  the  first,  which 
.fequires  us  to  believe  the  creation  of  a  body  of  water 
and  its  subsequent  annihilation  ?  The  establish- 
ment of  the  instance,  cited  by  M.  de  Voltaire,  of  the 
growth,  of  shells  unattached  to  animal  bodies,  would 
have  been  that  of  his  theory.  But  he  has  not  estab- 
lished it.  He  has  not  even  left  it  on  ground  so 
respectable  as  to  have  rejidered  it  an  object  of  in- 
quiry to  the  literati  of  his  own  country.  Abandon- 
ing this  fact,  therefore,  the  three  h3'potheses  are 
equally  unsatisfactory;  and  we  must  be  contented 
to  acknowledge,  that  this  great  phenomenon  is  as  yet 
■unsolved.  Ignorance  is  preferable  to  error;  and  he 
is  less  remote  from  the  truth  who  believes  nothing, 
"than  he  who  believes  what  is  wrong. 

There  is  great  abundance  (more  especially  when 
you  approach  the  mountains)  of  stone,  white,  blue. 
brown,  &c.,  fit  for  the  chisel,  good  mill-stone,  such 
also  as  stands  the  fire,  and  slate  stone.  We  are  told 
of  fiint,  fit  for  gun-flints,  on  the  Meherrin  in  Bruns- 
wick, on  the  Mississippi  between  the  mouth  of  the 
Ohio  and  Kaskaskia,  and  on  others  of  the  western 
"waters.  Isinglass  or  mica  is  in  several  places;  load- 
Stone  also ;  and  an  Asbestos  of  a  ligneous  texture,  is 
sometimes  to  be  met  with. 

44  Jefferson's  Works 

Marie  abounds  generally.  A  clay,  of  which,  like 
the  Sturbridge  in  England,  bricks  are  made,  which 
resist  long  the  violent  action  of  fire,  has  been  found 
on  Tuckahoe  creek  of  James'  river,  and  no  doubt  wdll 
be  found  in  other  places.  Chalk  is  said  to  be  in 
Botetourt  and  Bedford.  In  the  latter  county  is 
some  earth  believed  to  be  gypseous.  Ochres  are 
found  in  various  parts. 

In  the  lime-stone  country  are  many  caves,  the 
earthy  floors  of  which  are  impregnated  with  nitre. 
On  Rich  creek,  a  branch  of  the  Great  Kanhaway, 
about  sixty  miles  below  the  lead  mines,  is  a  very 
large  one,  about  twenty  yards  wide,  and  entering  a 
hill  a  quarter  or  half  a  mile.  The  vault  is  of  rock, 
from  nine  to  fifteen  or  twenty  feet  above  the  floor. 
A  Mr.  Lynch,  who  gives  me  this  account,  undertook 
to  extract  the  nitre.  Besides  a  coat  of  the  salt 
which  had  formed  on  the  vault  and  floor,  he  found 
the  earth  highly  impregnated  to  the  depth  of  seven 
feet  in  some  places,  and  generally  of  three,  every 
bushel  yielding  on  an  average  three  pounds  of  nitre. 
Mr.  Lynch  having  made  about  ten  hundred  pounds 
of  the  salt  from  it.  consigned  it  to  some  others,  who 
have  since  made  ten  thousand  pounds.  They  have 
done  this  by  pursuing  the  cave  into  the  hill,  never 
trying  a  second  time  the  earth  they  have  once  ex- 
hausted, to  see  how  far  or  soon  it  receives  another 
impregnation.  At  least  fifty  of  these  caves  are 
worked  on  the  Greenbriar.  There  are  many  of 
them  known  on  Cumberland  river. 

Notes  on  Virginia  4S 

The  country  westward  of  the  Alleghany  abounds 
with  springs  of  common  salt.  The  most  remarkable 
"we  have  heard  of  are  at  Bullet 's-lick,  the  Big-bones, 
the  Blue-licks,  and  on  the  north  fork  of  Holston. 
The  area  of  Bullet's-lick  is  of  many  acres.  Digging 
the  earth  to  the  depth  of  three  feet  the  water  begins  to 
"boil  up,  and  the  deeper  you  go  and  the  drier  the 
"weather,  the  stronger  is  the  brine.  A  thousand 
gallons  of  water  yield  from  a  bushel  to  a  bushel  and 
a  half  of  salt,  which  is  about  eighty  pounds  of  water 
to  one  pound  of  salt.  So  that  sea-water  is  more 
"than  three  times  as  strong  as  that  of  these  springs. 
Ji.  salt  spring  has  been  lately  discovered  at  the  Tur- 
Icey  foot  on  Yohogany,  by  which  river  it  is  over- 
sowed, except  at  very  low  water.  Its  merit  is  not 
yet  known.  Dunning's  lick  is  also  as  yet  untried, 
"but  it  is  supposed  to  be  the  best  on  this  side  the  Ohio. 
The  salt  springs  on  the  margin  of  the  Onondago  lake 
are  said  to  give  a  saline  taste  to  the  waters  of  the 

There  are  several  medicinal  springs,  some  of  which 
indubitably  efficacious,  while  others  seem  to  owe 
their  reputation  as  much  to  fancy  and  change  of  air 
and  regimen,  as  to  their  real  virtues.  None  of  them 
having  undergone  a  chemical  analysis  in  skilful 
hands,  nor  been  so  far  the  subject  of  observations 
as  to  have  produced  a  reduction  into  classes  of  the 
disorders  which  they  relieve;  it  is  in  my  power  to 
give  little  more  than  an  enumeration  of  them. 
The  most  efficacious  of  these  are  two  springs  in 



Jefferson's  Works 

Augusta  near  the  first  sources  of  James'  river,  where 
it  is  called  Jackson's  river.  They  rise  near  the  foot 
of  the  ridge  of  mountains  generally  called  the  Warm 
spring  mountains,  but  in  the  maps  Jackson's  moun- 
tains. The  one  distinguished  by  the  name  of  the 
Warm  spring,  and  the  other  of  the  Hot  spring.  The 
Warm  spring  issues  with  a  very  bold  stream,  suf- 
ficient to  work  a  grist  mill  and  to  keep  the  waters 
of  its  basin,  which  is  thirty  feet  in  diameter,  at  the 
vital  warmth,  viz.  96"  of  Fahrenheit's  thermometer. 
The  matter  with  which  these  waters  is  allied  is  very- 
volatile;  its  smell  indicates  it  to  be  sulphureous,  as 
also  does  the  circumstance  of  its  turning  silver  black. 
They  relieve  rheumatisms.  Other  complaints  also 
of  very  different  natures  have  been  removed  or 
lessened  by  them.  It  rains  here  four  or  five  days- 
in  every  week. 

The  Hot  spring  is  about  six  miles  from  the  Warm, 
is  much  smaller,  and  has  been  so  hot  as  to  have  boiled 
an  egg.  Some  believe  its  degree  of  heat  to  b^ 
lessened.  It  raises  the  mercury  in  Fahrenheit'^ 
thermometer  to  1 12  degrees,  which  is  fever  heat.  I't 
sometimes  relieves  where  the  Warm  fails.  A  foim. — 
tain  of  common  water,  issuing  within  a  few  inches  o^ 
its  margin,  gives  it  a  singtilar  appearance.  Compart- 
ing the  temperature  of  these  with  that  of  the  He*"! 
springs  of  Kamschatka,  of  which  Krachininnikov*' 
gives  an  account,  the  difference  is  very  great,  tKe 
latter  raising  the  mercury  to  200°  which  is  within 
12°  of  boiling  water.     These  springs  are  i 

icn  IS  wiuiixi      I 
e  very  much      J 

Notes  on  Virginia  47 

resorted  to  in  spite  of  a  total  want  of  accommoda- 
tion for  the  sick.  Their  waters  are  strongest  in  the 
hottest  months,  which  occasions  their  being  visited 
in  July  and  August  principally. 

The  Sweet  springs  are  in  the  county  of  Botetotu-t, 
at  the  eastern  foot  of  the  Alleghany,  about  forty- 
two  miles  from  the  Warm  springs.  They  are  still 
less  known.  Having  been  found  to  relieve  cases  in 
vphich  the  others  had  been  ineffectually  tried,  it  is 
probable  their  composition  is  different.  They  are 
different  also  in  their  temperature,  being  as  cold  as 
common  water;  which  is  not  mentioned,  however, 
as  a  proof  of  a  distinct  impregnation.  This  is  among 
tlrie  first  sources  of  James'  river. 

On  Potomac  river,  in  Berkley  county,  above  the 
I*^orth  mountain,  are  medicinal  springs,  much  more 
frequented  than  those  of  Augusta.  Their  powers, 
l^owever,  are  less,  the  waters  weakly  mineralized, 
^nd  scarcely  warm.  They  are  more  visited,  because 
situated  in  a  fertile,  plentiful,  and  popialous  country, 
t>etter  provided  with  accommodations,  always  saft 
from  the  Indians,  and  nearest  to  the  more  populous 

In  Louisa  county,  on  the  head  waters  of  the  South 
Ami  branch  of  York  river,  are  springs  of  some  medic- 
inal virtue.  They  are  not  much  used  however. 
There  is  a  weak  chalybeate  at  Richmond ;  and  many 
others  in  various  parts  of  the  country,  which  are  of 
too  little  worth,  or  too  little  note,  to  be  envunerated 
after  those  before  mentioned. 

48  Jefferson's  Works 

We  are  told  of  a  sulphur  spring  on  Howard's  creek 
of  Greenbriar,  and  another  at  Boonsborough  on 

In  the  low  grounds  of  the  Great  Kanhaway,  seven 
miles  above  the  mouth  of  Elk  river,  and  sixty-seven 
above  that  of  the  Kanhaway  itself,  is  a  hole  in  the 
earth  of  the  capacity  of  thirty  or  forty  gallons,  from 
which  issues  constantly  a  bituminous  vapor,  in  so 
strong  a  current  as  to  give  to  the  sand  about  its 
orifice  the  motion  which  it  has  in  a  boiling  spring. 
On  presenting  a  lighted  candle  or  torch  within  eigh- 
teen inches  of  the  hole  it  flames  up  in  a  column  of 
eighteen  inches  in  diameter,  and  four  or  five  feet 
height,  which  sometimes  bums  out  within  twenty 
minutes,  and  at  other  times  has  been  known  to  con- 
tinue three  days,  and  then  has  been  stiU  left  burning. 
The  flame  is  tmsteady,  of  the  density  of  that  of  burn- 
ing spirits,  and  smells  like  burning  pit  coal.  Water 
sometimes  collects  in  the  basin,  which  is  remarkably 
cold,  and  is  kept  in  ebullition  by  the  vapor  issuing 
through  it.  If  the  vapor  be  fired  in  that  state,  the 
water  soon  becomes  so  warm  that  the  hand  cannot 
bear  it,  and  evaporates  wholly  in  a  short  time.  This, 
with  the  circumjacent  lands,  is  the  property  of  His 
Excellency  General  Washington  and  of  General  Lewis. 

There  is  a  similar  one  on  Sandy  river,  the  flame  of 
which  is  a  column  of  about  twelve  inches  diameter, 
and  three  feet  high.  General  Clarke,  who  informs 
me  of  it,  kindled  the  vapor,  staid  about  an  hour, 
and  left  it  biuming. 

Notes  on  Virginia  49 

The  mention  of  uncommon  springs  leads  me  to 
that  of  Syphon  fountains.  There  is  one  of  these 
near  the  intersection  of  the  Lord  Fairfax's  boundary 
with  the  North  mountain,  not  far  from  Brock's  gap, 
on  the  stream  of  which  is  a  grist  mill,  which  grinds 
two  bushel  of  grain  at  every  flood  of  the  spring; 
another  near  Cow-pasture  river,  a  mile  and  a  half 
below  its  confluence  with  the  Bull-pasture  river,  and 
sixteen  or  seventeen  miles  from  Hot  springs,  which 
intermits  once  in  every  twelve  hours ;  one  also  near 
the  mouth  of  the  north  Holston. 

After  these  may  be  mentioned  the  Natural  Well, 
on  the  lands  of  a  Mr.  Lewis  in  Frederick  county.  It 
is  somewhat  larger  than  a  common  well ;  the  water 
rises  in  it  as  near  the  surface  of  the  earth  as  in  the 
neighboring  artificial  wells,  and  is  of  a  depth  as  yet 
Unknown.  It  is  said  there  is  a  current  in  it  tending 
sensibly  downwards.  If  this  be  true,  it  probably 
feeds  some  fountain,  of  which  it  is  the  natural  reser- 
voir, distinguished  from  others,  like  that  of  Madison's 
cave,  by  being  accessible.  It  is  used  with  a  bucket 
and  windlass  as  an  ordinary  well. 

A  complete  catalogue  of  the  trees,  plants,  fruits, 
&c.,  is  probably  not  desired.  I  will  sketch  out  those 
which  would  principally  attract  notice,  as  being 
first,  Medicinal;  second.  Esculent;  third, Ornamental; 
or  four,  useful  for  fabrication ;  adding  the  Linnjean 
to  the  popular  names,  as  the  latter  might  not  convey 
precise  information  to  a  foreigner.  I  shall  confine 
myself,  too,  to  native  plants. 

5^  Jefferson's  Works 

X.  Senna.     Cassia  ligustrina. 

Arsmart.     Polygonum  Sagittatum. 

Clivers,  or  goose-grass.     Galium  spurium. 

Lobelia  of  several  spedes. 

Palma  Christi.     Ridnus. 

(3i)  Jamestown  weed.     Datura  Stramonium. 

Mallow.     Malva  rottmdafolia. 

Syrian  mallow.     Hibiscus  moschentos. 

Hibiscus  Virginicus. 

Indian  mallow.    Sida  rhombifolia. 

Sida  abutilon. 

Virginia  marshmallow.     Napaea  hermaphrodita. 

Napsea  dioica. 

Indian  physic.     Spiria  trifoliata. 

Euphorbia  Ipecacuanhas. 

Pleurisy  root.     Asclepias  decumbens. 

Virginia  snake-root.     Aristolochia  serpentaria. 

Black  snake-root.     Actae  racemosa. 

Seneca  rattlesnake-root.     Polygala  Senega 

Valerian.     Valeriana  locusta  radiata. 

Gentiana,  Saponaria,  Villosa  &  Centaurium. 

Ginseng.     Panax  quinquefolium. 

Angelica.     Angelica  sylvestris. 

Cassava.     Jatropha  urens. 
a.  Tuckahoe.     Lycoperdon  tuber. 

Jerusalem  artichoke.     Helianthus  tuberosus. 

Long  potatoes.     Convolvulas  batatas. 

Granadillas.     Maycocks,  Maracocks,  Passiflora  incamata. 

Panic.     Panicum  of  many  spedes. 

Indian  millet.     Holcus  laxus. 

Holcus  striosus. 

Wild  oat.     Zizania  aquaticia. 

Wild  pea.     Dolichos  of  Clayton. 

Lupine.     Lupinus  perennis. 

Wild  hop.     Humulus  lupulus. 

Wild  cherry.     Prunus  Virginiana. 

Cherokee  plum.     Prunus  sylvestris  fructu  majori.     Clayto 

Wild  plum.     Prunus  sylvestris  fructu  minori.     Clayton. 

Wild  crab  apple.     Pyrus  coronaria. 

Red  mulberry.     Moms  rubra. 

Persimmon.     Diospiros  Virginiana. 

Sugar  maple.     Acer  saccarinum. 

Notes  on  Virginia  5^ 

Scaly  bark  hiccory.     Juglans  albacorticesqtiamoso.     Qayton. 

Common  hiccory.  Juglans  alba,  fructu  minore  randdo.  Clay- 

Paccan,  or  Illinois  nut.  Not  described  by  Linnaetis,  Millar,  or 
Clayton.  Were  I  to  venture  to  describe  this,  speaking  of  the 
fruit  irom  memory,  and  of  the  leaf  from  plants  of  two  years* 
growth,  I  should  sp>ecify  it  as  Juglans  alba,  foliolis  lanceolatis, 
acuminatis,  serratis,  tomentosis,  fructu  minore,  ovato,  com- 
presso,  vix  insculpto,  dulci,  putamine  tenerrimo.  It  grows 
on  the  Illinois,  Wabash,  Ohio,  and  Mississippi.  It  is  spoken 
of  by  Don  Ulloa  tmder  the  name  of  Pacanos,  in  his  Notidas 
Americanas,  Entret.  6. 

Black  walnut.     Juglans  nigra. 

White  walnut.  Juglans  alba. 

Chesnut.     Fagus  castanea. 

Chinquapin.  Fagus  pumila. 

Hazlenut.     Corylus  avellana. 

Grapes.  Vitis.  Various  kinds;  though  only  three  described 
by  Clayton. 

Scarlet  strawberries.     Fragaria  Virginiana  of  Millar. 

Whortleberries.     Vaccinium  uliginosum. 

Wild  gooseberries.     Ribes  grossularia. 

Cranberries.     Vacdnium  oxycoccos. 

Black  raspberries.     Rubus  occidentalis. 

Blackberries.     Rubus  fructicosus. 

Dewberries.     Rubus  csesius. 

Cloudberries.     Rubus  Chamsemorus. 

Plane  tree.     Platanus  occidentalis. 

Poplar.     Liriodendron  tulipifera. 
Populus  heterophylla. 

Black  poplar.     Populus  nigra. 

Aspen.     Populus  tremula. 

Linden,  or  lime.     Telia  Americana. 

Red-flowering  maple.     Acer  rubrum. 

Horse-chesnut,  or  buck's-eye.     iEsculus  pa  via. 

Catalpa.     Bignonia  catalpa. 

Umbrella.     Magnolia  tripetala. 

Swamp  laurel.     Magnolia  glauca. 

Cucimiber-tree.     Magnolia  acuminata. 

Portugal  bay.     Laurus  indica. 

Red  bay.     Laurus  borbonia. 

Dwarf-rose  bay.     Rhododendron  maximum. 

Jefferson's  Works 

^  called  ivy  with  a 

Laurel  of  the  western  country.     Qu.  spedes? 

Wild  pimento.     Laurus  benzoin. 

Sassafras.     Laurus  sassafras. 

Locust.     Robinia  pseudo- acacia. 

Honey-locust,     Gleditsia.   i,  ^, 

Dogwood.     Comus  florida. 

Fringe,  or  snow-drop  tree.     Chionanthus  Virginica. 

Barberry.      Barberis  vulgaris. 

Redbud.  or  Judas-tree.     Cercis  Canadensis. 

Holly.     Ilex  aijuifolium, 

Cockspur  hawthorn.     Crataegus  coccinea. 

Spindle-tree.      Euonymus  EuropKua. 

Evergreen  spindle-tree.     Euonymus  Americanus. 

Ilea  Virginica. 

Elder.     SambucuE  nigra. 

Papaw.     Annona  triloba. 

Candleberry  myrtle.     Myrica  cerifera. 

Dwarf  laurel.     Kalmia  angustifoUa' 

Kalmia  latifolia 
Ivy.     Hedera  quinquefolia. 
Trumpet  honeysuckle.     Lonicera  sempervirens. 
Upright  honeysuckle.     Azalea  nudiflora. 
Yellow  jasmine.      Bignonia  sempervirens. 
Calycanthus  floridus. 
American  aloe.     Agave  Virginica. 
Sumach.     Rhus,     Qu.  species? 
Poke.     Phytolacca  decandra. 
Long  moss.     Tillandsia  Usneoides. 
Reed.     Aruudo  phragmitis. 
Virginia  hemp,     Acnida  cannabina. 
Flax.     Linum  Virginianum. 
Black,  or  pitch-pine.     Pinus  t^a. 
White  pine.      Pinus  strobus. 
Yellow  pine.      Pinus  Virginica. 
Spruce  pine.     Pinus  foliis  singularibus.     Claytoi 
Hemlock  spruce  Fir.      Pinus  Canadensis. 
Arbor  vitte.     Thuya  occidenlalis. 
Juniper.     Juniperus  Virginica  (called  cedar  will 
Cypress.     Cupressus  disticha. 
White  cedar.     Cupressus  Thyoides. 
Black  oak.     Quercua  nigra. 
White  oak.     Quercus  albL 

Notes  on  Virginia 


Red  oak,      Querc. 

JB  rubra. 

Willow  oak.      Qui 

;rcu5  pheHos. 

CbeGout  oak.     Qi 

.ercua  prinu.. 

Black  jack  oak. 

Quercus  aquatjca.     CI  a 

Ground  oak.     Qu 

ercus  pumila.     Clayton. 

Live  oak.     Querc 

us  Virginiana.     Millar. 

Black  birch.      Betula  nigra. 
White  birch.      Betula  alba. 
Beach.     Fagus  sylvatica. 
Ash.     Fraxinus  Americana. 

Fraxinus  Novse  Anglia.     WO* 
Elm.     XJlmus  Americana. 
Willow.     Salix.      Qu.  species? 
Sweet  gum.     Liquidambar  styracifluE 

The  following  were  found  in  Vir^nia  when  first 
visited  by  the  English ;  but  it  is  not  said  whether  of 
Spontaneous  growth,  or  by  cultivation  only.  Most 
probably  they  were  nativesof  more  southern  climates. 
^nd  handed  along  the  continent  from  one  nation  to 
QJiother  of  the  savages. 

Tobacco.     Nicotiana. 

Maize.     Zea  mays. 

Round  potatoes.     Solanum  tuberosum. 

Pumpkins.     Cucurbita  pepo. 

Cymlings.     Cucurbita  verrucosa. 

Squashes,     Cucurbita  mdopepo. 

There  is  an  infinitude  of  other  plants  and  flowers, 
*or  an  enumeration  and  scientific  description  of 
^^hich  I  must  refer  to  the  Flora  Virginica  of  our  great 
ootanist,  Dr.  Clayton,  published  by  Gronovius  at 
l^yden,  in  1762.  This  accurate  observer  was  a 
Native  and  resident  of  this  State,  passed  a  long  life  in 
exploring  and  describing  its  plants,  and  is  supposed 
Vi  have  enlarged  the  botanical  catalogue  as  much  as 
almost  any  man  who  has  lived. 


54  Jefferson's  Works 

Besides  these  plants,  which  are  native,  our  farms 
produce  wheat,  rye,  barley,  oats,  buck-wheat,  broom 
com,  and  Indian  com.  The  climate  suits  rice  well 
enough,  wherever  the  lands  do.  Tobacco,  hemp, 
flax,  and  cotton,  are  staple  commodities.  Indigo 
yields  two  cuttings.  The  silk-worm  is  a  native,  and 
the  mulberry,  proper  for  its  food,  grows  kindly. 

We  cultivate,  also,  potatoes,  both  the  long  and  the^ 
round,  tumips,  carrots,  parsnips,  pumpkins,  and 
ground  nuts  (Arachis).  Our  grasses  are  lucerne,  st  -^. 
foin,  bumet,  timothy,  ray,  and  orchard  grass;  rpH  M_ 
white,  and  yellow  clover;  greensward,  blue — ;, 
and  crab  grass. 

The  gardens  yield  musk-melons,  water-melon^^ss, 
tomatoes,  okra,  pomegranates,  figs,  and  the  esculert: — it 
plants  of  Europe. 

The    orchards    produce    apples,    pears,    cherrie:^^^^, 
quinces,  peaches,  nectarines,  apricots,  almonds,  am 

Our  quadrupeds  have  been  mostly  described  1 
Linnffius  and  Mons.  de  Buffon.     Of  these  the  mair  ^^i> 
moth,  or  big  buffalo,  as  called  by  the  Indians,  mu^ciist 
certainly  have  been  the  largest.     Their  tradition  -      is, 
that  he  was  carnivorous,  and  still  exists  in  the  nort^^ft- 
ern  parts  of  America,     A  delegation  of  warriors  frcn^vn 
the  Delaware  tribe  having  visited  the  Governor       of 
Virginia,  during  the  revolution,  on  matters  of  bii-=s/- 
ness,  after  these  had  been  discussed  and  settled 
council,  the  Governor  asked  them  some  questioiis 
relative  to  their  country,  and  among  others,  what 

Notes  on  Virginia  55 

l-lhey  knew  or  had  heard  of  the  animal  whose  bones 
B-Were  found  at  the  SaltHcks  on  the  Ohio.  Their 
iief  speaker  immediately  put  himself  into  an  atti- 
tude of  oratory,  and  with  a  pomp  suited  to  what  he 
nnceived  the  elevation  of  his  subject,  informed  him 
3iat  it  was  a  tradition  handed  down  from  their 
Lthers,  "That  in  ancient  times  a  herd  of  these  tre- 
mendous animals  came  to  the  Big-bone  licks,  and 
began  an  universal  destruction  of  the  bear,  deer,  elks, 
buffaloes,  and  other  animals  which  had  been  created 
for  the  use  of  the  Indians ;  that  the  Great  Man  above, 
looking  down  and  seeing  this,  was  so  enraged  that  he 
seized  his  lightning,  descended  on  the  earth,  seated 
himseif  on  a  neighboring  mountain,  on  a  rock  of 
"which  his  seat  and  the  print  of  his  feet  are  still  to  be 
seen,  and  hurled  his  bolts  among  them  till  the  whole 
■were  slaughtered,  except  the  big  bull,  who  present- 
ing his  forehead  to  the  shafts,  shook  them  off  as  they 
fell;  but  missing  one  at  length,  it  wounded  him  in 
the  side;  whereon,  springing  round,  he  bounded  over 
the  Ohio,  over  the  Wabash,  the  Illinois,  and  finally 
over  the  great  lakes,  where  he  is  living  at  this  day." 
It  is  well  known,  that  on  the  Ohio,  and  in  many  parts 
of  America  further  north,  tusks,  grinders,  and  skele- 
tons of  unparalleled  magnitude,  are  found  in  great 
I  .ntimbers,  some  lying  on  the  surface  of  the  earth,  and 
ne  a  little  below  it.  A  Mr.  Stanley,  taken  prisoner 
■  the  mouth  of  the  Tennessee,  relates,  that  after 
eing  transferred  through  several  tribes,  from  one 
Vifi  another,  he  was  at  length  carried  over  the  moun- 

Jefferson's  Works 

tains  west  of  the  Missouri  to  a  river  which  runs  west- 
wardly;  that  these  bones  abounded  there,  and  that 
the  natives  described  to  him  the  animal  to  which  they 
belonged  as  still  existing  in  the  northern  parts  of 
their  country;  from  which  description  he  judged  it 
to  be  an  elephant.  Bones  of  the  same  kind  have 
been  lately  found,  some  feet  below  the  surface  of  the 
earth,  in  salines  opened  on  the  North  Holston,  a 
branch  of  the  Tennessee,  about  the  latitude  of  365^" 
north.  From  the  accoimts  published  in  Europe,  I 
suppose  it  to  be  decided  that  these  are  of  the  same 
kind  with  those  found  in  Siberia.  Instances  are 
mentioned  of  like  animal  remains  found  in  the  more 
southern  climates  of  both  hemispheres ;  but  they  are 
either  so  loosely  mentioned  as  to  leave  a  doubt  of 
the  fact,  so  inaccurately  described  as  not  to  author- 
ize the  classing  them  with  the  great  northern  bones, 
or  so  rare  as  to  found  a  suspicion  that  they  have 
been  carried  thither  as  curiosities  from  the  northern 
regions.  So  that,  on  the  whole,  there  seem  to  be 
no  certain  vestiges  of  the  existence  of  this  animal 
farther  south  than  the  salines  just  mentioned.  It  is 
remarkable  that  the  tusks  and  skeletons  have  been 
ascribed  by  the  naturalists  of  Europe  to  the  elephant, 
while  the  grinders  have  been  given  to  the  hippopota- 
mus, or  river  horse.  Yet  it  is  acknowledged,  that 
the  tusks  and  skeletons  are  much  larger  than  those 
of  the  elephant,  and  the  grinders  many  times  greater 
than  those  of  the  hippopotamus,  and  essentially 
different   in    form.     Wherever    these   grinders    are 


Notes  on  Virginia  57 

found,  there  also  we  find  the  tusks  and  skeleton;  but 
no  skeleton  of  the  hippopotamus  nor  grinders  of  the 
elephant.  It  will  not  be  said  that  the  hippopotamus 
and  elephant  came  always  to  the  same  spot,  the 
former  to  deposit  his  grinders,  and  the  latter  his 
tusks  and  skeleton.  For  what  became  of  the  parts 
not  deposited  there  ?  We  must  agree  then,  that 
these  remains  belong  to  each  other,  that  they  are  of 
one  and  the  same  animal,  that  this  was  not  a  hippo- 
fwtamus,  because  the  hippopotamus  had  no  tusks, 
nor  such  a  frame,  and  because  the  grinders  differ  in 
their  size  as  well  as  in  the  number  and  form  of  their 
points.  That  this  was  not  an  elephant,  I  think 
ascertained  by  proofs  equally  decisive.  I  will  not 
avail  myself  of  the  authority  of  the  celebrated'  anat- 
omist, who,  from  an  examination  of  the  form  and 
structure  of  the  tusks,  has  declared  they  were  essen- 
tially different  from  those  of  the  elephant;  because 
another"  anatomist,  equally  celebrated,  has  declared, 
on  a  like  examination,  that  they  are  precisely  the 
same.  Between  two  such  authorities  I  will  suppose 
this  circumstance  equivocal.  But,  i.  The  skeleton 
of  the  mammoth  (for  so  the  incognitum  has  been 
called)  bespeaks  an  animal  of  five  or  six  times  the 
cubic  volume  of  the  elephant,  as  Mens,  de  Bufion 
lias  admitted.  2.  The  grinders  are  five  times  as 
large,  are  square,  and  the  grinding  surface  studded 
with  four  or  five  rows  of  blunt  points ;  whereas  those 


Jefferson's  Works 

their  erind^ 

of  the  elephant  are  broad  and  thin,  and  their  grind 
ing  surface  flat.  3.  I  have  never  heard  an  instance, 
and  suppose  there  has  been  none,  of  the  grinder  of  an 
elephant  being  found  in  America.  4.  From  the 
known  temperature  and  constitution  of  the  elephant, 
he  could  never  have  existed  in  those  regions  where 
the  remains  of  the  mammoth  have  been  found.  The 
elephant  is  a  native  only  of  the  torrid  zone  and  its 
vicinities;  if,  with  the  assistance  of  warm  apart- 
ments and  warm  clothing,  he  has  been  preserved  in 
the  temperate  climates  of  Eurojje,  it  has  only  been 
for  a  small  portion  of  what  would  have  been  his  nat- 
ural period,  and  no  instance  of  his  multiplication  in 
them  has  ever  been  known.  But  no  bones  of  the 
mammoth,  as  I  have  before  observed,  have  been 
ever  found  further  south  than  the  salines  of  Holston, 
and  they  have  been  found  as  far  north  as  the  Arctic 
circle.  Those,  therefore,  who  are  of  opinion  that 
the  elephant  and  mammoth  are  the  same,  must  be- 
lieve, I.  That  the  elephant  known  to  us  can  exist 
and  multiply  in  the  frozen  zone;  or,  2.  That  an 
eternal  fire  may  once  have  warmed  those  regions, 
and  since  abandoned  them,  of  which,  however,  the 
globe  exhibits  no  imequivocal  indications;  or,  3.  That 
the  obliquity  of  the  ecliptic,  when  these  elephants 
lived,  was  so  great  as  to  include  within  the  tropics 
all  those  regions  in  which  the  bones  are  foimd;  the 
tropics  being,  as  is  before  observed,  the  natural 
limits  of  habitation  for  the  elephant.  But  if  it  be 
admitted  that  this  obliquity  has  really  decreased, 

Notes  on  Virginia  59 

rand  we  adopt  the  highest  rate  of  decrease  yet  pre- 
Jtended,  that  is,  of  one  minute  in  a  century,  to  trans- 
I  fer  the  northern  tropic  to  the  Arctic  circle,  would 
licarry  the  existence  of  these  supposed  elephants  two 
hundred  and   fifty  thousand  years  back;  a  period 
r  beyond  our  conception  of  the  duration  of  animal 
Itwnes  less  exposed  to  the  open  air  than  these  are  in 
Siany    instances.     Besides,    though    these    regions 
|:Would  then  be  supposed  within  the  tropics,  yet  their 
winters  would  have  been  too  severe  for  the  sensibil- 
ity of  the  elephant.     They  would  have  had,  too,  but 
one  day  and  one  night  in  the  year,  a  circumstance  to 
which  we  have  no  reason  to  suppose  the  nature  of 
the  elephant  fitted.     However,  it  has  been  demon- 
strated, that,  if  a  variation  of  obliquity  in  the  ecliptic 
takes  place  at  all,  it  is  vibratory,  and  never  exceeds 
the  limits  of  nine  degrees,  which   is  not  sufficient 
to  bring  these  bones  within   the  tropics.     One  of 
these  hypotheses,  or  some  other  equally  voluntary 
and  inadmissible  to  cautious  philosophy,   must  be 
adopted  to  support  the  opinion  that  these  are  the 
Elbones  of  the  elephant.     For  my  own  part.  I  find  it 
easier  to  believe  that  an  animal  may  have  existed, 
resembling  the  elephant  in  his  tusks,  and  general 
anatomy,  while  his  nature  was  in  other  respects 
extremely    different.     From    the    30th    degree    of 
south  latitude  to  the  30th  degree  of  north,  are  nearly 
the  limits  which  nature  has  fixed  for  the  existence 
and  multiplication  of  the  elephant  known   to  us. 
Proceeding  thence  northwardly  to  36J4  degrees,  we 

Jefferson's  Works 

enter  those  assigned  to  the  mammoth.  The  farther 
we  advance  north,  the  more  their  vestiges  multiply 
as  far  as  the  earth  has  been  explored  in  that  direction ; 
and  it  is  as  probable  as  otherwise,  that  this  progres- 
sion continues  to  the  pole  itself,  if  land  extends  so 
far.  The  centre  of  the  frozen  zone,  then,  may  be 
the  acm6  of  their  vigor,  as  that  of  the  torrid  is  of  the 
elephant.  Thus  nature  seems  to  have  drawn  a  belt 
of  separation  between  these  two  tremendous  ani- 
mals, whose  breadth,  indeed,  is  not  precisely  known, 
though  at  present  we  may  suppose  it  about  6J^  de- 
grees of  latitude;  to  have  assigned  to  the  elephant 
the  region  south  of  these  confines,  and  those  north 
to  the  mammoth,  founding  the  constitution  of  the 
one  in  her  extreme  of  heat,  and  that  of  the  other  in 
the  extreme  of  cold.  When  the  Creator  has  therefore 
separated  their  nature  as  far  as  the  extent  of  the 
scale  of  animal  life  allowed  to  this  planet  would 
permit,  it  seems  perverse  to  declare  it  the  same,  from 
a  partial  resemblance  of  their  tusks  and  bones.  But 
to  whatever  animal  we  ascribe  these  remains,  it  is 
certain  such  a  one  has  existed  in  America,  and  that  it 
hasbcen  the  largest  of  all  terrestrial  beings.  It  should 
have  sufficed  to  have  rescued  the  earth  it  inhabited, 
and  the  atmosphere  it  breathed,  from  the  imputa- 
tion of  impotence  in  the  conception  and  nourishment 
of  animal  life  on  a  large  scale;  to  have  stifled,  in  its 
birth,  the  opinion  of  a  writer,  the  most  learned,  too, 
of  all  others  in  the  science  of  animal  history,  that 
in  the  new  world,  "  La  nature  vivante  est  beaucoup 


Notes  on  Virginia  6i 

moins  agissante,  beaucoup  moins  forte :"^  that 
nature  is  less  active,  less  energetic  on  one  side  of  the 
globe  than  she  is  on  the  other.  As  if  both  sides 
were  not  warmed  by  the  same  genial  stm;  as  if  a 
soil  of  the  same  chemical  composition  was  less  capa- 
ble of  elaboration  into  animal  nutriment;  as  if  the 
fruits  and  grains  from  that  soil  and  sun  yielded  a 
less  rich  chyle,  gave  less  extension  to  the  solids  and 
fluids  of  the  body,  or  produced  sooner  in  the  carti- 
lages, membranes,  and  fibres,  that  rigidity  which 
restrains  all  further  extension,  and  terminates 
animal  growth.  The  truth  is,  that  a  pigmy  and  a 
Patagonian,  a  mouse  and  a  mammoth,  derive  their 
dimensions  from  the  same  nutritive  juices.  The 
difference  of  increment  depends  on  circumstances 
unsearchable  to  beings  with  our  capacities.  Every 
race  of  animals  seems  to  have  received  from  their 
Maker  certain  laws  of  extension  at  the  time  of  their 
formation.  Their  elaborate  organs  were  formed  to 
produce  this,  while  proper  obstacles  were  opposed 
to  its  further  progress.  Below  these  limits  they 
cannot  fall,  nor  rise  above  them.  What  interme- 
diate station  they  shall  take  may  depend  on  soil,  on 
climate,  on  food,  on  a  careful  choice  of  breeders. 
But  all  the  manna  of  heaven  would  never  raise  the 
mouse  to  the  bulk  of  the  mammoth. 

The  opinion  advanced  by  the  Count  de  Buffon,^ 
is  I.  That  the  animals  common  both  to  the  old  and 

^Btiffon,  xviii.  112  edit.     Paris,  1764. 
'Buffon,  xviii.  100,  156. 

fia  Jefferson's  Works 

new  world  are  smaller  in  the  latter.  2.  That  those 
peculiar  to  the  new  are  on  a  smaller  scale.  3.  That 
those  which  have  been  domesticated  in  both  have 
degenerated  in  America;  and  4.  That  on  the  whole 
it  exhibits  fewer  species.  And  the  reason  he  thinks 
is,  that  the  heats  of  America  are  less;  that  more 
waters  are  spread  over  its  surface  by  nature,  and 
fewer  of  these  drained  off  by  the  hand  of  man.  In 
other  words,  that  heat  is  friendly,  and  moisture  ad- 
verse to  the  production  and  development  of  lar^e 
quadrupeds.  I  will  not  meet  this  hypothesis  on  its 
first  doubtful  ground,  whether  the  climate  of  Amer- 
ica be  comparatively  more  humid  ?  Because  we 
are  not  furnished  with  observations  sufficient  to 
decide  this  question.  And  though,  till  it  be  decided, 
we  are  as  free  to  deny  as  others  are  to  affirm  the 
fact,  yet  for  a  moment  let  it  be  supposed.  The 
hypothesis,  after  this  supposition,  jjroceeds  to  an- 
other; that  moisture  is  unfriendly  to  animal  growth. 
The  truth  of  this  is  inscrutable  to  us  by  reasonings 
a  priori.  Nature  has  hidden  from  us  her  modus 
agcndi.  Our  only  appeal  on  such  questions  is  to 
experience;  and  I  think  that  experience  is  against 
the  supposition.  It  is  by  the  assistance  of  heat  and 
moisture  that  vegetables  are  elaborated  from  the 
elements  of  earth,  air,  water,  and  fire.  We  accord- 
ingly see  the  more  humid  climates  produce  the 
greater  quantity  of  vegetables.  Vegetables  are 
mediately  or  immediately  the  food  of  every  ani- 
mal; and  in  proportion  to  the  quantity  of  food,  we 

Notes  on  Virginia  63 

see  animals  not  only  multiplied  in  their  niimbers, 
but  improved  in  their  bulk,  as  far  as  the  laws  of 
their  nature  will  admit.  Of  this  opinion  is  the 
Count  de  Buffon  himself  in  another  part  of  his 
work;'  "en  general  il  paroit  ques  les  pays  un  peu 
froids  conviennent  mieux  h.  nos  boeufs  que  Ics  pays 
chauds,  et  qu'ils  sont  d'autant  plus  gross  et  plus 
grands  que  le  climat  est  plus  humide  et  plus  abon- 
dans  en  paturages.  Les  boeufs  de  Danemarck,  de 
la  Podolie,  de  1  'Ulkraine  et  de  la  Tartarie  qu  habitent 
les  Calniouques  sont  les  plus  grands  de  tous."  Here 
then  a  race  of  animals,  and  one  of  the  largest  too, 
has  been  increased  in  its  dimensions  by  cold  and 
moisture,  in  direct  .opposition  to  the  hypothesis, 
which  supposes  that  these  two  circumstances  dimin- 
ish animal  bulk,  and  that  it  is  their  contraries  heat 
and  dryness  which  enlarge  it.  But  when  we  appeal 
to  experience  we  are  not  to  rest  satisfied  with  a 
single  fact.  Let  us,  therefore,  try  our  question  on 
more  general  ground.  Let  us  take  two  portions  of 
the  earth,  Europe  and  America  for  instance,  suffi- 
ciently extensive  to  give  operation  to  general  causes; 
let  us  consider  the  circumstances  peculiar  to  each, 
and  observe  their  effect  on  animal  natiu-e.  Amer- 
ica, running  through  the  torrid  as  well  as  temperate 
zone,  has  more  heat  collectively  taken,  than  Europe. 
But  Europe,  according  to  our  hypothesis,  is  the 
dryest.  They  are  equally  adapted  then  to  animal 
productions:  each  being  endowed  with  one  of  those 
causes  which  befriends  animal  growth,  and  with  one 

Jefferson's  Works 

which  opposes  it.  If  it  be  thought  uneqxial  to  com- 
pare Europe  with  America,  which  is  so  much  larger, 
I  answer,  not  more  so  than  to  compare  America  with 
the  whole  world.  Besides,  the  purpose  of  the  com- 
parison is  to  try  an  hypothesis,  which  makes  the 
size  of  animals  depend  on  the  heat  and  moisture  of 
climate.  If,  therefore,  we  take  a  region  so  extensive 
as  to  comprehend  a  sensible  distinction  of  climate, 
and  so  extensive,  too,  as  that  local  accidents,  or  the 
intercourse  of  animals  on  its  borders,  may  not  mate- 
rially affect  the  size  of  those  in  its  interior  parts,  we 
shall  comply  with  those  conditions  which  the  hypoth- 
esis may  reasonably  demand.  The  objection  would 
be  the  weaker  in  the  present  case,  because  any  inter- 
covu^e  of  animals  which  may  take  place  on  the  con- 
fines of  Europe  and  Asia,  is  to  the  advantage  of  the 
former,  Asia  producing  certainly  larger  animals 
than  Europe.  Let  us  then  take  a  comparative  view 
of  the  quadrupeds  of  Europe  and  America,  present- 
ing them  to  the  eye  in  three  different  tables,  in  one 
of  which  shall  be  enumerated  those  found  in  both 
countries;  in  a  second,  those  found  in  one  only; 
in  a  third,  those  which  have  been  domesticated  in 
both.  To  facilitate  the  comparison,  let  those  of  each 
table  be  arranged  in  gradation  according  to  their 
sizes,  from  the  greatest  to  the  smallest,  so  far  as 
their  sizes  can  be  conjectured.  The  weights  of  the 
large  animals  shall  be  expressed  in  the  English 
avoirdupois  and  its  decimals ;  those  of  the  smaller, 
in  the  same  ounce  and  its  decimals.     Those  which 

Notes  on  Virginia  6$ 

are  marked  thus  *,  are  actual  weights  of  particular 
subjects,  deemed  among  the  largest  of  their  species. 
Those  marked  thus  t»  are  ftimished  by  judicious 
persons,  well  acquainted  with  the  species,  and  say- 
ing, from  conjecture  only,  what  the  largest  individ- 
ual they  had  seen  would  probably  have  weighed. 
The  other  weights  are  taken  from  Messrs.  Buffon  and 
D'Aubenton,  and  are  of  such  subjects  as  came  casu- 
ally to  their  hands  for  dissection.  This  circtun- 
stance  must  be  remembered  where  their  weights  and 
mine  stand  opposed;  the  latter  being  stated  not  to 
produce  a  conclusion  in  favor  of  the  American 
species,  but  to  justify  a  suspension  of  opinion  until 
we  are  better  informed,  and  a  suspicion,  in  the  mean- 
time, that  there  is  no  uniform  difference  in  favor  of 
either;  which  is  all  I  pretend.    . 

A  comparative  view  of  the  Quadrupeds  of  Europe  and 

of  America. 


Europe.  America, 

lb.  lb. 


Buflfalo.     Bison 

White  Bear.     Ours  blanc 

Carribou.     Renne 

Bear.    Ours 153 

Elk.     Elan.     Original  palmated 

Red  deer.     Cerf 288 

Fallow  Deer.     Daim 167 

Wolf.     Loup 69 

Roe.     Chevreuil 56 

Glutton.     Glouton.     Carcajou 

Wild  cat.     Chat  sauvage 

Lyiui.     Loup  cervier 25 

VOL.  II — 5 



8  *2Tz 

o  .... 

o  •  •  .  . 

/  •    •     •     • 


•  •  •  • 

Beaver.     Castor 

Badger,     filaireau 13 

Red  fox.      Renard 13 . 

Gray  £ox.     Isatis 

Otter.      Loutre 

Monax.     Mannotte .. 

ViBon.     Fouine 

Hedgehog.      Herisson 
Marten.     Marte 

Water  rat.     Rat  d'eau 

Weasel.      Belette 

Flying  squirrel,     Polatooche  . 
Shrew  mouse,   Musaraigne.  .  .  . 

ii,  aboriginals  of  one  only. 
Europe.  Aubkica. 

Sanglter.  Wild  boar  .  .  . 
Mouflon,  Wild  sheep  .  . 
Bouquetin.  Wild  goat  . 
Lievre,      Hare  ......... 

Lapin,      Rabbit 

Putois.      Polecat 


Desman,     Muskrat 

Ecureuil.     Squirrel 

Hermine.     Errain 

Rat.      Rat _. 

Lerot,      Dormouse 

Taupe.     Mole 



Elk,  round  homed 





Cougar  of  North -America , 
Cougar  of  South-America. 





Sloth,     Unau 


Tatou  Kabasaou 

Ureon,      Urchin 



Notes  on  Virginia 



Raccoon.     Raton 



Sloth.     Ai 

Sapajou  Ouarini 

Sapajou  Coaita 

Tatou  Encubert 

Tatou  Apar 

Tatou  Cachica 

Little  Coendou 

Opossum.     Sarigu 





Sapajou  S^ 

Tatou  Cirquinjon 

Tatou  Tatouate 

Mouffette  Squash 

Mouffette  Chinche 

Mouffette  Conepate 


Mouffette.     Zorilla 

Whabus.     Hare.     Rabbit. 



Ondatra.     Muskrat 


Great  gray  squirrel 

Fox  squirrel  of  Virginia,  .f 



Sapajou.     Sajou 

Indian  pig.  Cochon  d'Inde 

Sapajou  Salmiri 



Lesser  gray  squirrel 

Black  squirrel 

Red  squirrel 


•  •  ■  • 


•  *  •  • 


4. a 

•  •  • 










Jefferson's  Works 


Sagoin  Saki 

Sagoin  Pinche 

Sagoin  Tamarin 

Sagoin  Ouistiti 

Sagoin  Maraldne 

Sagoin  Mico 




Sarigue  of  Cayenne 


Red  mole 02. 

Ground  squirrel 4 



Cow  . . 
Ass.. . 
Hog  . 
Ouat  . 
C^at . . . 










I  have  not  inserted  in  the  first  table  the  Phoca,* 
nor  leather- winged  bat,  because  the  one  living 
liulf  the  year  in  the  water,  and  the  other  being  a 
wingiHl  animal,  the  individuals  of  each  species  may 
vwit  U>th  continents. 

Ml  ii*  tMiid  that  this  animal  is  seldom  seen  above  thirty  miles  from 
^hiJf^.  i*r  Ujyond  the  56th  degree  of  latitude.  The  interjacent  islands 
Wiw«^  A«ia  and  America  admit  his  passing  from  one  continent  to 
ill^  ulHw  without  exceeding  these  bounds.  And  in  fact,  travelers 
Ml  mi  IIkiI  ihMf^  islands  are  places  of  principal  resort  for  them,  and 
^9§0Mhf  te  ^^  weaMoa  of  bringing  forth  their  yoiing. 

Notes  on  Virginia  69 

Of  the  animals  in  the  first  table,  Monsieur  de  Buf- 
fon  himself  informs  us,  [XXVII,  130,  XXX.  213,] 
that  the  beaver,  the  otter,  and  shrew  mouse,  though 
of  the  same  species,  are  larger  in  America  than  in 
Europe.     This  should  therefore  have  corrected  the 
generality  of  his  expressions,  XVIII.  145,  and  else- 
where, that  the  animals  common  to  the  two  coun- 
tries,   are   considerably   less   in   America   than    in 
Europe,  **et  cela  sans  aucune  exception.''     He  tells 
tis  too,  [Quadrup.  VIII.  334,  edit.  Paris,  1777,]  that 
on  examining  a  bear  from  America,  he  remarked  no 
difference,  "dans  la  forme  de  cet  ours  d'Amerique 
compar6  a  celui  d 'Europe,"  but  adds  from  Bartram's 
journal,  that  an  American  bear  weighed  four  hun- 
dred potmds,  English,  equal  to  three  hundred  and 
si:xty-seven  pounds   French;  whereas  we  find   the 
European  bear  examined  by   Mons.    D'Aubenton, 
PCVII.  82,]  weighed  but  one  himdred  and  forty-one 
pounds  French.     That  the  palmated  elk  is  larger 
1^    America  than  in  Etirope,  we  are  informed  by 
Kalm,*   a  naturalist,   who  visited   the  former  by 
public   appointment,   for   the   express   ptirpose   of 
examining  the  subjects  of  natural  history.     In  this 
Wt  Pennant  conctirs  with  him.     [Barrington's  Mis- 
cellanies.]   The  same  Kalm  tells  us'  that  the  black 
nioose,  or  renne  of  America,  is  as  high  as  a  tall  horse; 
and  Catesby ,'  that  it  is  about  the  bigness  of  a  middle- 

*I.  233.  Lon.  1772. 
'  lb.  233. 

It  •• 


Jefferson's  Works 

sized  ox.  The  same  accoimt  of  their  size  has  been 
given  me  by  many  who  have  seen  them.  But  Mon- 
sieur D'Aubenton  says'  that  the  renne  of  Europe  is 
about  the  size  of  a  red  deer.  The  weasel  is  larger! 
in  America  than  in  Europe,  as  may  be  seen  by  com- 
paring its  dimensions  as  reported  by  Monsieur  D'Au- 
benton' and  Kalm.  The  latter  tells  us,'  that  the 
lynx,  badger,  red  fox,  and  flying  squirrel,  are  the  same 
in  America  as  in  Europe;  by  which  expression  I 
understand,  they  are  the  same  in  all  material  cir- 
cumstances, in  size  as  well  as  others ;  for  if  they  were] 
smaller,  they  would  differ  from  the  European, 
gray  fox  is,  by  Catesby's  account,'  little  different  in 
size  and  shape  from  the  European  fox.  I  jjresunie 
he  means  the  red  fox  of  Europe,  as  does  Kalm.  where 
he  says,'  that  in  size  "they  do  not  quite  come  up  to 
our  foxes."  For  proceeding  next  to  the  red  fox  of 
America,  he  says,  "they  are  entirely  the  same  with 
the  European  sort;"  which  shows  he  had  in  view 
one  European  sort  only,  which  was  the  red.  So  that 
the  result  of  their  testimony  is,  that  the  American 
gray  fox  is  somewhat  less  than  the  European  red; 
which  is  equally  true  of  the  gray  fox  of  Europe,  as 
may  be  seen  by  comparing  the  measures  of  the 
Coimt  de  Buffon  and  Monsieur  D'Aubenton.*    The 

'  XXIV.  161. 

■  XV.  41. 

'I.  359-     1.48.  "I,  aS'-   II- S». 

MI.  78. 

•  I,     310. 

•  XXVII.  63.     XIV.  1 19.     Harris,  II.  387.      Buffon.  Quad. 




Notes  on  Virginia  7^ 

white  bear  of  America  is  as  large  as  that  of  Eurcpe. 
The  bones  of  the  mammoth  which  has  been  found 
in  America,  are  as  large  as  those  found  in  the  old 
world.  It  may  be  asked,  why  1  insert  the  mam- 
moth, as  if  it  still  existed?  I  ask  in  return,  why  I 
should  omit  it,  as  if  it  did  not  exist?  Such  is  the 
economy  of  nature,  that  no  instance  can  be  produced, 
of  her  having  permitted  any  one  race  of  her  animals 
to  become  extinct;  of  her  having  formed  any  link 
in  her  great  work  so  weak  as  to  be  broken.  To  add 
to  this,  the  traditionary  testimony  of  the  Indians, 
that  this  animal  still  exists  in  the  northern  and 
western  parts  of  America,  would  be  adding  the  light 
of  a  taper  to  that  of  the  meridian  smi.  Those  parts 
still  remain  in  their  aboriginal  state,  unexplored  and 
undisturbed  by  us,  or  by  others  for  us.  He  may  as 
well  exist  there  now,  as  he  did  formerly  where  we 
find  his  bones.  If  he  be  a  carnivorous  animal,  as 
some  anatomists  have  conjectured,  and  the  Indians 
affirm,  his  early  retirement  may  be  accounted  for 
from  the  general  destruction  of  the  wild  game  by 
the  Indians,  which  commences  in  the  first  instant 
of  their  connection  with  us,  for  the  purpose  of  pur- 
chasing match-coats,  hatchets,  and  fire-locks,  with 
their  skins.  There  remain  then  the  buffalo,  red 
deer,  fallow  deer,  wolf,  roe,  glutton,  wild  cat,  monax, 
bison,  hedgehog,  marten,  and  water-rat,  of  the  com- 
parative sizes  of  which  we  have  not  sufficient  testi- 
mony. It  does  not  appear  that  Messieurs  de  Buffon 
and  D'Aubenton  have  measured,  weighed,  or  seen 

72  Jefferson's  Works 

those  of  America.  It  is  said  of  some  of  them,  by 
some  travellers,  that  they  are  smaller  tlian  the  Euro- 
pean. But  who  were  these  travellers?  Have  they 
not  been  men  of  a  very  different  description  from 
those  who  have  laid  open  to  us  the  other  three  quar- 
ters of  the  world?  Was  natural  history  the  object 
of  their  travels?  Did  they  measure  or  weigh  the 
animals  they  speak  of?  or  did  they  not  judge  of 
them  by  sight,  or  perhaps  even  from  report  only? 
Were  they  acquainted  with  the  animals  of  their  own 
country,  with  which  they  undertake  to  compare 
them?  Have  they  not  been  so  ignorant  as  often 
to  mistake  the  species  ?  A  true  answer  to  these 
questions  would  probably  lighten  their  authority, 
so  as  to  render  it  insufficient  for  the  foundation  of 
an  hypothesis.  How  unripe  we  yet  are,  for  an  accu- 
rate comparison  of  the  animals  of  the  two  countries, 
will  appear  from  the  work  of  Monsieur  de  Buffon. 
The  ideas  we  should  have  formed  of  the  sizes  of 
some  animals,  from  the  formation  he  had  received 
at  his  first  publications  concerning  them,  are  very 
different  from  what  his  subsequent  commimications 
give  us.  And  indeed  his  candor  in  this  can  never 
be  too  much  praised.  One  sentence  of  his  book 
must  do  him  immortal  honor.  "  J'aime  autant  une 
personne  qui  me  releve  d'une  erreur,  qu'une  autre 
qui  m'apprend  une  verity,  parce  qu'en  effet  une 
erreur  corrig^e  est  une  verity." '  He  seems  to  have 
thought  the  cabiai  he  first  examined  wanted  little 
'Quad.  IX.  158. 

Notes  on  Virginia  73 

of  its  full  growth.  "  II  n'etoit  pas  encore  tout-k-fait 
adulte."*  Yet  he  weighed  but  forty-six  and  a  half 
pKDunds,  and  he  found  afterwards,'  that  these  ani- 
mals, when  full  grown,  weigh  one  hundred  pounds. 
He  had  supposed,  from  the  examination  of  a  jaguar,' 
said  to  be  two  years  old,  which  weighed  but  sixteen 
pounds  twelve  ounces,  that  when  he  should  have 
acquired  his  full  growth,  he  would  not  be  larger  than 
a  middle-sized  dog.  But  a  subsequent  account* 
raises  his  weight  to  two  hundred  pounds.  Further 
information  will,  doubtless,  produce  further  correc- 
tions. The  wonder  is,  not  that  there  is  yet  some- 
thing in  this  great  work  to  correct,  but  that  there 
is  so  little.  The  result  of  this  view  then  is,  that  of 
twenty-six  quadrupeds  common  to  both  countries, 
seven  are  said  to  be  larger  in  America,  seven  of 
equal  size,  and  twelve  not  sufficiently  examined. 
So  that  the  first  table  impeaches  the  first  member 
of  the  assertion,  that  of  the  animals  common  to 
both  countries,  the  American  are  smallest,  *'et  cela 
sans  auctme  exception."  It  shows  it  is  not  just,  in 
all  the  latitude  in  which  its  author  has  advanced  it, 
and  probably  not  to  such  a  degree  as  to  found  a  dis- 
tinction between  the  two  coimtries. 

Proceeding  to  the  second  table,  which  arranges 
the  animals  found  in  one  of  the  two  countries  only. 
Monsieur  de  Buffon  observes,  that  the  tapir,  the 

•  XXV.  184. 

•  Quad.  IX.  132. 
»  XIX.  2. 

•  Quad.  IX.  41. 


Jefferson's  Works 

elephant  of  America,  is  but  of  the  size  of  a  small  cow. 
To  preserve  our  comparison,  I  will  add,  that  the  wild 
boar,  the  elephant  of  Europe,  is  little  more  than  half 
that  size.  I  have  made  an  elk  with  round  or  cylin- 
drical horns  an  animal  of  America,  and  peculiar  to 
it;  because  I  have  seen  many  of  them  myself,  and 
more  of  their  horns;  and  because  I  can  say,  from 
the  best  information,  that,  in  Virginia,  this  kind 
of  elk  has  abounded  much,  and  still  exists  in  smaller 
numbers;  and  I  could  never  learn  that  the  palmated 
kind  had  been  seen  here  at  all.  I  suppose  this  con- 
fined to  the  more  northern  latitudes."     I  have  made 

'  The  descriptions  of  Theodat,  Denys  and  La  Honton,  cited  by  Mon- 
sieur de  BufTon.  under  the  article  Elan,  authorize  the  supposition,  that 
the  flat-homed  elk  is  found  in  the  northern  parts  of  America.  It  has 
not  however  extended  to  our  latitudes.  On  the  other  hand.  I  could 
never  learn  that  the  round-horned  elk  has  been  seen  further  north  th«B 
the  Hudson's  river.  This  agrees  with  the  former  elk  in  its  general 
character,  being,  like  that,  when  compared  with  a  deer,  very  much 
larger,  its  ears  longer,  broader,  and  thicker  in  proportion,  its  hair  much 
longer,  neck  and  tail  shorter,  having  a  dewlap  before  the  breast  {carun- 
cula  gutturalis  Linnsei)  a  white  spot  often,  if  not  always,  of  a  foot 
diameter,  on  the  binder  part  of  the  buttocks  round  the  tail;  its  gait 
a  trot,  and  attended  with  a  rattling  of  the  hoofs:  but  distinguished 
from  that  decisively  by  its  horns,  which  arc  not  palmated.  but  round 
and  pointed.  This  is  the  animal  described  by  Catesby  as  the  Cervus 
major  Americanus,  the  stag  of  America,  le  Cerf  de  TAm^rique.  But 
it  differs  from  the  Cervus  as  totally  as  does  the  palmated  elk  from  the 
dama.  And  in  fact  it  seems  to  stand  in  the  same  relation  to  the 
palmated  elk.  as  the  red  deer  docs  to  the  fallow.  It  has  abounded 
in  Virginia,  has  been  seen,  within  my  knowledse,  on  the  eastern 
side  of  the  Blue  Ridge  since  the  year  1765,  is  now  common  beyond 
those  mountains,  has  been  often  brought  to  us  and  tamed,  and  its 
horns  are  in  the  hands  of  many.  I  should  designate  it  as  the  "Alces 
Americantts  comibus  teredbus."  It  were  to  be  wished,  that  natural- 
ists, who  are  acquainted  with  the  renne  and  elk  of  Europe,  and  who 


Notes  on  Virginia  75 

our  hare  or  rabbit  peculiar,  believing  it  to  be  differ- 
ent from  both  the  European  animals  of  those  denom- 
inations, and  calling  it  therefore  by  its  Algonquin 
name,  Whabus,  to  keep  it  distinct  from  these. 
Kalm  is  of  the  same  opinion,'  I  have  enumerated 
the  squirrels  according  to  our  own  knowledge,  de- 
rived from  daily  sight  of  them,  because  I  am  not 
able  to  reconcile  with  that  the  European  appellations 
and  descriptions.  I  have  heard  of  other  species, 
but  they  have  never  come  within  my  own  notice. 
These,  I  think,  are  the  only  instances  in  which  I 
have  departed  from  the  authority  of  Monsievir  de 
Buffon  in  the  construction  of  this  table.  I  take 
liim  for  my  ground  work,  because  I  think  him  the 

may  hereafter  visit  the  northern  parts  of  America,  would  examine 
irdi  the  animals  called  there  by  the  names  of  gray  and  black  moose, 
caribou,  original  and  elfc.  Monsieur  de  BuiTon  has  done  what  could 
be  done  from  the  materials  in  his  hands,  toward  clearing  up  the  con- 
fusion introduced  by  the  loose  application  ot  these  names  among  the 
animals  they  are  meant  to  designate.  He  reduces  the  whole  to  the 
renne  and  flat-homed  elk.  From  all  the  information  I  have  been  able 
to  collect.  I  strongly  suspect  they  will  be  found  to  cover  three,  if  not 
four  distinct  species  of  animals.  I  have  seen  skins  of  a  moose,  and 
o(  the  caribou:  they  differ  more  from  each  other,  and  from  that  of  the 
round-horned  elk.  than  I  ever  saw  two  skins  differ  which  belonged  to 
different  individuals  of  any  wild  species.  These  differences  are  in 
Ihe  color,  length,  and  coarseness  of  the  hair,  and  in  the  size,  texture, 
and  marks  ot  the  skin.  Perhaps  it  will  be  found  that  there  is,  i,  the 
moose,  black  and  gray,  the  former  being  said  to  be  the  male,  and  the 
latter  the  female;  a,  the  caribou  or  renne;  3,  the  flat-horned  elk,  or 
original;  4,  the  round-homed  elk.  Should  this  last,  though  possessing 
W  nearly  the  characters  of  the  elk.  be  found  to  be  the  same  with  the 
Cerf  d' Ardennes  or  Brandhitz  ot  Germany,  still  there  will  remain  the 
three  species  first  enumerated, 
'  Kalm  II,  340,  I.  83. 


Jefferson's  Works 

best  informed  of  any  naturalist  who  has  ever  written. 
The  result  is,  that  there  are  eighteen  quadrupeds 
peculiar  to  Europe ;  more  than  four  times  as  many, 
to  wit,  seventy-four,  peculiar  to  America;  that  the 
first'  of  these  seventy-four  weighs  more  than  the 
whole  column  of  Europeans;  and  consequently  this 
second  table  disproves  the  second  member  of  the 
assertion,  that  the  animals  peculiar  to  the  new 
world  are  on  a  smaller  scale,  so  far  as  that  assertion 
relied  on  European  animals  for  support;  and  it  is  in 
full  opposition  to  the  theorj'  which  makes  the  animal 
volume  to  depend  on  the  circumstances  of  heat  and 

The  third  table  comprehends  those  quadrupeds 
only  which  are  domestic  in  both  countries.  That 
some  of  these,  in  some  parts  of  America,  have  be- 
come less  than  their  original  stock,  is  doubtless  true; 
and  the  reason  is  very  obvious.  In  a  thinly-peopled 
country,  the  spontaneous  productions  of  the  forests, 
and  waste  fields,  are  sufficient  to  support  indiffer- 
ently the  domestic  animals  of  the  farmer,  with  a 

'  The  Tapir  is  the  largest  of  the  animals  peculiar  to  America.  I 
collect  his  weight  thus:  Monsieur  de  Buffon  says,  XXIII.  874,  that 
he  is  o(  the  size  of  a  Zebu,  or  a.  small  cow.  He  gives  us  the  measures 
of  a  Zebu,  ib.  4.  as  taken  by  himself,  \iz,  five  feet  seven  inches  from 
the  muzzle  to  tlie  root  of  the  tail,  and  five  feet  one  inch  circumference 
behind  the  fore-legs.  A  bull,  measuring  in  the  same  way  sijc  feet  nine 
inches  and  five  feet  two  inches,  weighed  six  hundred  pounds,  VIII.  ijj. 
The  Zebu  then,  and  of  course  the  Tapir,  would  weigh  about  five  hun- 
dred pounds.  But  one  individual  of  every  species  of  European  pecu- 
liars would  probably  weigh  less  than  tour  hundred  pounds.  These  lire 
French  measures  and  weights. 

Notes  on  Virginia  77 

very  little  aid  from  him,  in  the  severest  and  scarcest 
season.  He  therefore  finds  it  more  convenient  to 
receive  them  from  the  hand  of  nature  in  that  indiffer- 
ent state,  than  to  keep  up  their  size  by  a  care  and 
nourishment  which  would  cost  him  much  labor.  If, 
on  this  low  fare,  these  animals  dwindle,  it  is  no  more 
than  they  do  in  those  parts  of  Europe  where  the 
jxjverty  of  the  soil,  or  the  poverty  of  the  owner, 
reduces  them  to  the  same  scanty  subsistence.  It  is 
the  uniform  effect  of  one  and  the  same  cause,  whether 
acting  on  this  or  that  side  of  the  globe.  It  would  be 
erring,  therefore,  against  this  rule  of  philosophy, 
which  teaches  us  to  ascribe  like  effects  to  like  causes, 
should  we  impute  this  diminution  of  size  in  America 
to  any  imbecility  or  want  of  uniformity  in  the  oper- 
ations of  nature.  It  may  be  affirmed  with  truth, 
that,  in  those  countries,  and  with  those  individuals 
in  America,  where  necessity  or  curiosity  has  pro- 
duced equal  attention,  as  in  Europe,  to  the  nourish- 
ment of  animals,  the  horses,  cattle,  sheep,  and  hogs, 
of  the  one  continent  are  as  large  as  those  of  the 
other.  There  are  particular  instances,  well  attested, 
where  individuals  of  this  country  have  imported 
good  breeders  from  England,  and  have  improved 
iheir  size  by  care  in  the  course  of  some  j'ears.  To 
make  a  fair  comparison  between  the  two  countries, 
it  will  not  answer  to  bring  together  animals  of  what 
might  be  deemed  the  middle  or  ordinary  size  of 
their  species;  because  an  error  in  judging  of  that 
middle  or  ordinary  size,  would  vary  the  result  of 

Jefferson's  Works 

the  comparison.  Thus  Mons.  D'Aubenton'  consid- 
ers a  horse  of  4  feet  5  inches  high  and  400  lb. 
weight  French,  equal  to  4  feet  8.6  inches  and  436  lb. 
English,  as  a  middle-sized  horse.  Such  a  one  is 
deemed  a  small  horse  in  America,  The  extremes 
must  therefore  be  resorted  to.  The  same  anatomist' 
dissected  a  horse  of  5  feet  9  inches  height,  French 
measure,  equal  to  6  feet  1.7  English.  This  is  near 
6  inches  higher  than  any  horse  I  have  seen;  and 
could  it  be  supposed  that  I  had  seen  the  largest 
horses  in  America,  the  conclusion  would  be,  that 
ours  have  diminished,  or  that  we  have  bred  from  a 
smaller  stock.  In  Connecticut  and  Rhode  Island, 
where  the  climate  is  favorable  to  the  production  of 
grass,  bullocks  have  been  slaughtered  which  weighed 
2,500,  2,200,  and  2,100  lbs.  nett;  and  those  of  1,800 
lbs.  have  been  frequent.  I  have  seen  a  hog*  weigh 
1,050  lbs.  after  the  blood,  bowels,  and  hair  had  been 
taken  from  him.  Before  he  was  killed,  an  attempt 
was  made  to  weigh  him  with  a  pair  of  steel  yards, 
graduated  to  1,200  lbs.,  but  he  weighed  more.  Yet 
this  hog  was  probably  not  within  fifty  generations 
of  the  European  stock.  I  am  well  informed  of 
another  which  weighed  1,100  lbs.  gross.  Asses  have 
been  still  more  neglected  than  any  other  domestic 
animal  in  America.  They  are  neither  fed  nor 
housed  in  the  most  rigorous  season  of  the  year.     Vet 

'  VII.  43= 

•  VII.  474. 

*  In  WilUainsburg,  April,  1769. 



Notes  on  Virginia  79 

they  are  larger  than  those  measured  by  Mons.  D'Au- 
'benton,'  of  3  feet  7J4  inches,  3  feet  4  inches,  and  3 
feet  2)4  inches,  the  latter  weighing  only  215.8  lbs. 
These  sizes,  I  suppose,  have  been  produced  by  the 
same  negligence  in  Euroije,  which  has  produced  a 
like  diminution  here.  Where  care  has  been  taken 
of  them  on  that  side  of  the  water,  they  have  been 
raised  to  a  size  bordering  on  that  of  the  horse;  not 
by  the  heat  and  dryness  of  the  climate,  but  by  good 
food  and  shelter.  Goats  have  been  also  much  neg- 
lected in  America.  Yet  they  are  very  prolific  here, 
bearing  twice  or  three  times  a  year,  and  from  one  to 
five  kids  at  a  birth.  Mons.  de  Buffon  has  been  sen- 
sible of  a  difference  in  this  circumstance  in  favor  of 
America.*  But  what  are  their  greatest  weights,  I 
cannot  say,  A  large  sheep  here  weighs  100  lbs.  I 
observe  Mons.  D'Aubenton  calls  a  ram  of  62  lbs.  one 
of  the  middle  size.'  But  to  say  what  are  the  extremes 
of  growth  in  these  and  the  other  domestic  animals 
of  America,  would  require  information  of  which  no 
one  individual  is  possessed.  The  weights  actually 
known  and  stated  in  the  third  table  preceding  will 
suffice  to  show,  that  we  may  conclude  on  probable 
grounds,  that,  with  equal  food  and  care,  the  climate 
of  America  will  preserve  the  races  of  domestic 
animals  as  large  as  the  European  stock  from  which 
Hiey  are  derived ;  and,  consequently,  that  the  third 

•VIII.  48.  55,  66. 
•  XVIII.  96. 

Jefferson's  Works 

member  of  Mons.  de  Buffon's  assertion  that  the 
domestic  animals  are  subject  to  degeneration  from 
the  climate  of  America,  is  as  probably  wrong  as  the 
first  and  second  were  certainly  so. 

That  the  last  part  of  it  is  erroneous,  which  affirms 
that  the  species  of  American  quadrupeds  are  com- 
paratively few,  is  evident  from  the  tables  taken 
together.  By  these  it  appears  that  there  are  an 
hundred  species  aboriginal  in  America.  Mons.  de 
Buffon  supposes  about  double  that  number  existing 
on  the  whole  earth.'  Of  these  Europe,  Asia,  and 
Africa,  furnish  sup]X>se  one  hundred  and  twenty- 
six;  that  is,  the  twenty-six  common  to  Europe  and 
America,  and  about  one  hundred  which  are  not  in 
America  at  all.  The  American  species,  then,  are  to 
those  of  the  rest  of  the  earth,  as  one  hundred  to  one 
hundred  and  twenty-six,  or  four  to  five.  But  the 
residue  of  the  earth  being  double  the  extent  of  Amer- 
ica, the  exact  proportion  would  have  been  but  as 
four  to  eight. 

Hitherto  I  have  considered  this  hypothesis  as 
applied  to  brute  animals  only,  and  not  in  its  exten- 
sion to  the  man  of  America,  whether  aboriginal  or 
transplanted.  It  is  the  opinion  of  Mons,  de  Biiffon 
that  the  former  furnishes  no  exception  to  it.' 

"Quoique  le  sauva^e  du  nouvcau  monde  soil  ^  peu  pr£s  de  m^rne 
ftatureqiie  rhomme  de  nutre  monde,  cela  ne  suffit  pas  pourqu'il  puisse 
faire une exception  au  fait  g^iiiral  durapetisseinent  dela nature vivante 
dans  tout  cecontiD<3)ti  lesauvageest  foible  et  petit  paries  orsanesde 

'  XXX.  219- 
'XVIII.  146. 


Notes  on  Virginia 

U gln6ra.tioti:  il  n'ani  poi!,  ni  barbe,  and  nulle  ardeur  pour  sa  f«tielte. 
Quoique  plus  Ifger  que  I'Europ^en,  parce  qu'il  a  plus  d'habitude  k 
courir,  LI  est  cependant  beaucoup  moins  fort  de  corps;  i!  est  aussi  bien 
moins  sensible,  et  cependant  plus  craintif  et  plus  lAchc;  il  n'a  nulle 
i-ii'aciti.u-iille  activity  dans  rarpe:celleducorpH  est  moins  un  exercise, un 
raouvetnent  volontaire  <iu'une  n^cessitf  d'action  causae  par  le  bcsoin; 
dt«zluiIafaiaietlasaif,vousdetruirezen  inline  terns  le  principe  actif  de 
tous  sps  mouvemens :  il  demeurera  stu  pi  dement  en  repos  sur  ses  jambes 
ou  coucM  pendant  des  jours  entiers.  II  ne  faut  pas  aller  chercher  plus 
loin  i  cause  de  la  vie  disperse  des  sativagcs  et  de  leur  ^loignement 
pour  la  society;  la  plus  prfcteuse  ^tincelle  du  feu  de  la  nature  leur  a 
ftirefusee:  i]snianf|ucnt  d'ardeurpourteurfemelle,  et  par  consequent 
d'amaur  pour  leur  semblables;  ne  connoissant  pas  Tattachment  le 
plus  vif,  le  plus  tendre  de  tous,  leurs  autres  sentimens  de  ce  genre, 
mnl  froids  et  languissans;  ila  aiment  foiblemcnt  leurs  p^res  et  leurs 
enfans:  la  sodfti  la  plus  intime  de  toutes,  celle  de  la  m^me  famille, 
n'B  done  chez  eux  que  de  foibles  liens:  lasocift^  d'une  famille  il  I'autre 
n'enapmnt  de  tout;  d^s  lors  nulle  reunion,  nulle  rfpubUc|ue,  nulle  ^tat 
(odal.  La  physique  de  I'amour  fait  chez  eux  le  moral  des  mceurs; 
lenrcnur  est  glac^.  leur  soci^-tf-  et  leur  empire  dur,  lis  ne  regardent 
leurs  temmesquecomme  des  servantes  de  peine  ou  des  bfites  de  somme 
qn'ils  chargent,  sans  management,  du  fardeau  de  leur  chasse,  et  qu'ils 
foTtent.sans  pilii^.  sans  reconnaissance.  4  des  ouvrages  qui  souvent  sont 
»o  dessus  de  leurs  forces;  ils  n'ont  que  pcu  d'enfans;  ils  en  ont  peu  de 
sain;  tmit  se  ressent  de  leur  premier  defaut ;  ils  sont  indifff  rents  parce 
qu'ils  sont  peu  puissants.  et  cette  indifFerence  pour  le  sexe  est  la  tache 
'Tigitielle  qui  flftrit  la  nature,  qui  I'cmpeche  de  s'^panouir.  et  qui  de- 
truisant  les  germes  de  la  vie,  coupe  en  m6me  temps  la  racine  de  sod£tj. 
L'taijinme  ne  fait  done  point  d'eiceptionici.  La  nature  en  lui  reCusant 
Ih  puissances  de  ramour  I'a  plus  maltrait^  et  plus  rapetissf  qu'aucun 

An  afflicting  picture,  indeed,  which  for  the  honor 
of  human  nature,  I  am  glad  to  believe  has  no  original. 
Of  the  Indian  of  South  America  I  know  nothing;  for, 
I  would  not  honor  with  the  appellation  of  knowledge, 
what  I  derive  from  the  fables  published  of  them. 
These  I  believe  to  be  just  as  true  as  the  fables  of 
.-Esop.     This  belief  is  founded  on  what  I  have  seen 

^H  of  mai 

^H  writtei 

Jefferson's  Works 

of  man,  white,  red,  and  black,  and  what  has  been 
■written  of  him  by  authors,  enlightened  themselves, 
and  writing  among  an  enlightened  people.  The 
Indian  of  North  America  being  more  within  oiir 
reach,  I  can  speak  of  him  somewhat  from  ray  own 
knowledge,  but  more  from  the  information  of  others 
better  acquainted  with  him,  and  on  whose  truth 
and  judgment  I  can  rely.  From  these  sources  I  am 
able  to  say,  in  contradiction  to  this  representation, 
that  he  is  neither  more  defective  in  ardor,  nor  more 
impotent  with  his  female,  than  the  white  reduced 
to  the  same  diet  and  exercise ;  that  he  is  brave,  when 
an  enterprise  depends  on  bravery;  education  with 
him  making  the  point  of  honor  consist  in  the  destruc- 
tion of  an  enemy  by  stratagem,  and  in  the  preser- 
vation of  his  own  person  free  from  injury;  or,  per- 
haps, this  is  nature,  while  it  is  education  which 
teaches  us  to'  honor  force  more  than  finesse;  that 
he  will  defend  himself  against  a  host  of  enemies, 
always  choosing  to  be  killed,  rather  than  to  surren- 
der,' though  it  be  to  the  whites,  who  he  knows  wili 

'  Sol  Rodomonle  spre«za  di  venire 
Senon,  dove  la  viamenofi  ficura. — AmoSTo,  14,  iiy. 
'  In  so  judicious  an  author  as  Don  Ulloa,  and  one  to  whom  we  are 
indebted  for  the  most  precise  information  we  have  of  South  America. 
I  did  not  expect  to  find  such  assertions  as  the  following:  "  Los  Indios 
vencidos  son  los  mas  cobardes  y  pusilanimea  que  se  peuden  v6r:  Se 
bacen  nflctntes,  le  humillan  hasta  el  desprecio,  discuipan  su  idcoq- 
siderado  arrojo,  y  con  las  suplicas  y  los  megos  dan  aeguras  pruebas 
de  su  puailanimidad,  6  lo  que  resieren  las  historias  de  la  Conquista. 
sobre  BUS  graiides  acciones,  es  en  un  sendito  ligurado,  6  el  caracter  <te 
estas  gentes  uo  es  ahorasegun  eraentonces;  perolo  que  no  tione  dud» 
es,  que  las  Naciones  de  la  parte  St-ptentriona!  subsislen  en  la 

Notes  on  Virginia 


treat  him  well ;  that  in  other  situations,  also,  he  meets 
death  with  more  deliberation,  and  endures  tortures 
with  a  firmness  unknown  almost  to  religious  enthu- 
siasm with  us;  that  he  is  affectionate  to  his  chil- 
dren, careful  of  them,  and  indulgent  in  the  extreme; 
that  his  affections  comprehend  his  other  connections, 
weakening,  as  with  us,  from  circle  to  circle,  as  they 
recede  from  the  centre;  that  his  friendships  are 
strong  and  faithful  to  the  uttermost'   extremity; 

libertad  que  siempre  ban  tenido.  sin  haber  sido  sojuzgados  por  algon 
Principe  extrano,  y  que  viven  segun  su  rdgimen  y  costumbres  de  toda 
la  vida.  sin  que  haya  habido  motivo  para  que  rauden  de  caracter;  y 
en  estos  se  v^  lo  mismo,  que  sucede  en  los  Pern,  y  de  toda  la  America 
meridional,  reduddos,  y  que  nunca  lo  han  estado."  Noticias  Amer- 
icinas,  Bntretcnimiento  xviii.  {  I.  Don  Ulloa  here  admits,  that  the 
littbors  who  have  described  the  Indians  of  South  America,  before  they 
wre  enslaved,  had  represented  them  as  a  bravo  people,  and  therefore 
wms  to  have  suspected  that  the  cowardice  which  he  had  observed  in 
those  o(  the  present  race  might  be  the  effect  ot  subjugation.  But, 
wppostng  the  Indians  of  North  America  to  be  cowards  also,  he  con- 
dndes  the  ancestors  of  those  of  South  America  to  have  been  so  too, 
Mid,  therefore,  that  those  authors  have  given  fictions  for  truth.  He 
*M  probably  not  acquainted  himself  with  the  Indians  of  North  Amer- 
ica, and  had  formed  his  opinion  from  hearsay.  Great  numbers  of 
French,  of  English,  and  of  Americans,  are  perfectly  acciuainted  with 
theae  people.  Had  he  had  an  opportunity  of  imiuiring  of  any  ot  these. 
iSey  would  have  told  him,  that  there  never  was  an  instance  known  of 
an  Indian  begging  his  Ufe  when  in  the  power  of  his  enemies;  on  the 
lintrary,  that  he  courts  death  by  every  possible  insult  and  provoca- 
iion.  His  reasoning,  then,  would  have  been  reversed  thus:  "Since 
the  present  Indian  of  North  America  is  brave,  and  authors  tell  us  that 
'he  ancestors  of  those  of  South  America  were  brave  also,  it  must  follow 
that  the  cowardice  of  their  descendants  is  the  eflect  of  subjugation  and 
'II  treatment,"  For  he  observes,  ib,  (  37,  that  "los  obrages  los  ani- 
liillan  porlainhumanidadcon  que  se  les  trata," 

'  A  remarkable  instance  of  this  appeared  in  the  case  of  the  late 
Colonel  Byrd,  who  was  sent  to  the  Cherokee  nation  to  transact  some 


&♦  Jefferson's  Works 

that  his  sensibility  is  keen,  even  the  warriors  weep- 
ing most  bitterly  on  the  loss  of  their  children,  though 
in  general  they  endeavor  to  appear  superior  to 
human  events;  that  his  vivacity  and  activity  of  mind 
is  equal  to  ours  in  the  same  situation;  hence  his 
eagerness  for  hunting,  and  for  games  of  chance.  The 
women  are  submitted  to  unjust  drudgery.  This  I 
believe  is  the  case  with  every  barbarous  people. 
With  such,  force  is  law.  The  stronger  sex  imposes 
on  the  weaker.  It  is  civilization  alone  which  re- 
places women  in  the  enjoyment  of  their  natural 
equality.  That  first  teaches  us  to  subdue  the  selfish 
passions,  and  to  respect  those  rights  in  others  which 
we  value  in  ourselves.  Were  we  in  equal  barbarism, 
our  females  would  be  equal  drudges.  The  man  with 
them  is  less  strong  than  with  us,  but  their  women 
stronger  than  ours;  and  both  for  the  same  obvious 
reason ;  because  our  man  and  their  woman  is  habit- 
uated to  labor,  and  formed  by  it.     With  both  races 

business  with  them.  It  happened  that  stime  of  our  disorderly  people 
had  just  killed  one  or  two  of  that  nation.  It  was  therefore  proposed 
in  the  council  of  the  Cherokees  that  Colonel  Byrd  should  be  put  to 
death,  in  revenge  for  the  loss  of  their  countrymen.  Among  them  wai 
a  chief  named  Silduee,  who,  on  some  former  occasion,  had  contracted 
an  acquaintance  and  friendship  with  Colonel  Byrd.  He  came  to  him 
every  night  in  hia  tent,  and  told  him  not  to  be  afraid,  they  should  not 
kill  him.  After  many  days'  deliberation,  however,  the  determination 
was.  contrary  to  Sil6uee's  eipectation,  that  Byrd  should  be  put  to 
death,  and  some  warriors  were  despatched  as  executioners.  Silduee 
attended  them,  and  when  they  entered  the  tent,  he  threw  himself 
between  them  and  Byrd,  and  said  to  the  warriors,  "This  man  is  my 
friend;  before  you  get  at  him.  you  must  kill  me."  On  which  they 
returned,  and  the  council  respected  the  principle  so  much  as  to  reoeda 
from  their  determination. 

Notes  on  Virginia  85 

the  sex  which  is  indulged  with  ease  is  the  least 
athletic.  An  Indian  man  is  small  in  the  hand  and 
\^Tist,  for  the  same  reason  for  which  a  sailor  is  large 
and  strong  in  the  arms  and  shoulders,  and  a  porter 
in  the  legs  and  thighs.  They  raise  fewer  children 
than  we  do.  The  causes  of  this  are  to  be  found,  not 
in  a  difference  of  nature,  but  of  circumstance.  The 
women  very  frequently  attending  the  men  in  their 
parties  of  war  and  of  hunting,  child-bearing  becomes 
extremely  inconvenient  to  them.  It  is  said,  there- 
fore, that  they  have  learned  the  practice  of  procur- 
ing abortion  by  the  use  of  some  vegetable;  and  that 
it  even  extends  to  prevent  conception  for  a  consid- 
erable time  after.  During  these  parties  they  are 
exposed  to  numerous  hazards,  to  excessive  exertions, 
to  the  greatest  extremities  of  hunger.  Even  at 
their  homes  the  nation  depends  for  food,  through  a 
certain  part  of  every  year,  on  the  gleanings  of  the 
forest;  that  is,  they  experience  a  famine  once  in 
every  year.  With  all  animals,  if  the  female  be 
badly  fed,  or  not  fed  at  all,  her  young  perish;  and  if 
both  male  and  female  be  reduced  to  like  want,  gener- 
ation becomes  less  active,  less  productive.  To  the 
obstacles,  then,  of  want  and  hazard,  which  nature 
has  opposed  to  the  multiplication  of  wild  animals, 
for  the  purpose  of  restraining  their  numbers  within 
certain  bounds,  those  of  labor  and  of  voluntary 
abortion  are  added  with  the  Indian.  No  wonder, 
then,  if  they  multiply  less  than  we  do.  Where  food 
is  regularly  supplied,  a  single  farm  will  show  more 

■  of  cattle 

H  buffaloes 

Jefferson's  Works 

of  cattle,  than  a  whole  country  of  forests  can  of 
buffaloes.  The  same  Indian  women,  when  married 
to  white  traders,  who  feed  them  and  their  children 
plentifully  and  regularly,  who  exempt  them  from 
excessive  drudgery,  who  keep  them  stationary  and 
unexposed  to  accident,  produce  and  raise  as  many 
children  as  the  white  women.  Instances  are  known, 
under  these  circumstances,  of  their  rearing  a  dozen 
children.  An  inhuman  practice  once  prevailed  in 
this  coimtr>-,  of  making  slaves  of  the  Indians.  It  is 
a  fact  well  known  with  us,  that  the  Indian  women 
so  enslaved  produced  and  raised  as  numerous  fani- 
lies  as  either  the  whites  or  blacks  among  whom  they 
lived.  It  has  been  said  that  Indians  have  less  hair 
than  the  whites,  except  on  the  head.  But  this  is  a 
fact  of  which  fair  proof  can  scarcely  be  had.  With 
them  it  is  disgraceful  to  be  hairy  on  the  body.  They 
say  it  likens  them  to  hogs.  They  therefore  pluck 
the  hair  as  fast  as  it  appears.  But  the  traders  who 
marry  their  women,  and  prevail  on  them  to  discon- 
tinue this  practice,  say,  that  nature  is  the  same  with 
them  as  with  the  whites.  Nor,  if  the  fact  be  true, 
is  the  consequence  necessary  which  has  been  drawn 
from  it.  Negroes  have  notoriously  less  hair  than 
the  whites;  yet  they  are  more  ardent.  But  if  cold 
and  moisture  be  the  agents  of  nature  for  diminish- 
ing the  races  of  animals,  how  comes  she  all  at  once 
to  suspend  their  operation  as  to  the  physical  man  of 
the  new  world,  whom  the  Count  acknowledges  to  be 
"  h.  peu  pr6s  de  m^me  stature  que  I'homme  de  notre 

Notes  on  Virginia 


monde,"  and  to  let  loose  tlieir  influence  on  his  moral 
faculties?  How  has  this  "combination  of  the  ele- 
ments and  other  physical  causes,  so  contrary  to  the 
enlargement  of  animal  nature  in  this  new  world, 
these  obstacles  to  the  development  and  formation  of 
great  germs,"'  been  arrested  and  suspended,  so  as 
to  permit  the  human  body  to  acquire  its  just  dimen- 
sions, and  by  what  inconceivable  process  has  their 
action  been  directed  on  his  mind  alone?  To  judge 
of  the  truth  of  this,  to  form  a  just  estimate  of  their 
genius  and  mental  powers,  more  facts  are  wanting, 
and  great  allowance  to  be  made  for  those  circum- 
stances of  their  situation  which  call  for  a  display  of 
particular  talents  only.  This  done,  we  shall  prob- 
ably find  that  they  are  formed  in  mind  as  well  as  in 
body,  on  the  same  module  with  the'  "  Homo  sapiens 
Europ^eus."  The  principles  of  their  society  for- 
bidding all  compulsion,  they  are  to  be  led  to  duty 
and  to  enterprise  by  personal  influence  and  persua- 
sion. Hence  eloquence  in  council,  bravery  and  ad- 
dress in  war,  become  the  foundations  of  all  conse- 
quence with  them.  To  these  acquirements  all  their 
faculties  are  directed.  Of  their  bravery  and  address 
in  war  we  have  multiplied  proofs,  because  we  have 
"been  the  subjects  on  which  they  were  exercised.  Of 
their  eminence  in  oratory  we  have  fewer  examples, 
because  it  is  displayed  chiefly  in  their  own  councils. 
Some,  however,  we  have,  of  very  superior  lustre.    I 

»  XVIIl.  146. 

*  r.f'nr  I  Syst.  Definition  of  a  Man. 

88  Jefferson's  Works 

may  challenge  the  whole  orations  of  Demosthenes 
and  Cicero,  and  of  any  more  eminent  orator,  if 
Europe  has  furnished  more  eminent,  to  produce  a 
single  passage,  superior  to  the  speech  of  Logan,  a 
Mingo  chief,  to  Lord  Dunmore,  then  governor  of 
this  State.  And  as  a  testimony  of  their  talents  in 
this  line,  I  beg  leave  to  introduce  it,  first  stating  the 
incidents  necessary  for  understanding  it. 

In  the  spring  of  the  year  1774,  a  robbery  was  com- 
mitted by  some  Indians  on  certain  land-adventurers 
on  the  river  Ohio,  The  whites  in  that  quarter, 
according  to  their  custom,  undertook  to  punish  this 
outrage  in  a  summary  way.  Captain  Michael 
Cresap,  and  a  certain  Daniel  Greathouse,  leading  on 
these  parties,  surprised,  at  different  times,  travel- 
ling and  hunting  parties  of  the  Indians,  having  their 
women  and  children  with  them,  and  murdered 
many.  Among  these  were  unfortunately  the  family 
of  Logan,  a  chief  celebrated  in  peace  and  war,  and 
long  distinguished  as  the  friend  of  the  whites.  This 
unworthy  return  provoked  his  vengeance.  He  ac- 
cordingly signalized  himself  in  the  war  which  ensued. 
In  the  autumn  of  the  same  year  a  decisive  battle  was 
fought  at  the  mouth  of  the  Great  Kanhaway,  between 
the  collected  forces  of  the  Shawanese,  Mingoes  and 
Delawares,  and  a  detachment  of  the  Virginia  militia. 
The  Indians  were  defeated  and  sued  for  peace. 
Logan,  however,  disdained  to  be  seen  among  the 
suppliants.  But  lest  the  sincerity  of  a  treaty  should 
be  disturbed,  from  which  so  distinguished  a  chief 


Notes  on  Virginia 

absented  himself,  he  sent,  by  a  messenger,  the  fol- 
lowing speech,  to  be  delivered  to  Lord  Dunmore: 
*'  I  app>eal  to  any  white  man  to  say,  if  ever  he 
I  entered  Logan's  cabin  hungry,  and  he  gave  him  not 
Imeat;  if  ever  he  came  cold  and  naked,  and  he  clothed 
Shim  not.     During  the  course  of  the  last  long  and 
ibloody  war  Logan  remained  idle  in  his  cabin,  an 
■advocate   for   peace.     Such   was   my  love   for   the 
I  whites,  that  my  countrymen  pointed  as  they  passed, 
and   said,  'Logan  is  the  friend  of  white  men.'     I 
had  even  thought  to  have  lived  with  you,  but  for  the 
injuries  of  one  man.     Colonel  Cresap,  the  last  spring, 
in  cold  blood,  and  unprovoked,  murdered  all  the 
relations  of  Logan,  not  even  sparing  my  women  and 
children.     There  runs  not  a  drop  of  my  blood  in  the 
veins  of  any  living  creature.     This  called  on  me  for 
revenge.     I  have  sought  it:  I  have  killed  many:  I 
have  fully  glutted  my  vengeance:  for  my  country  I 
cjoice  at  the  beams  of  peace.     But  do  not  harbor  a 
hought  that  mine  is  the  joy  of  fear.     Logan  never 
dt  fear.     He  will  not  turn  on  his  heel  to  save  his 
Who  is  there  to  mourn  for  Logan? — Not  one.'" 

'  Phi 

December  3 
cated  to  me  the  inquiri 


Dbar  Sir, — Mr.  Tazewell  has  cc 

Eluve  been  so  kind  as  to  make,  relative  to  a  passage  in  the  "  Notes  o 

I  Vrginia,"  which  hai!  lately  excited  some  newspaper  publications.      I 

foel,  with  great  sensibility,  the  interest  you  take  in  this  business,  and 

with  pleasure,  go  into  explanations  with  one  whose  objects  I  know  to 

be  truth  and  justice  alone.     Had  Mr.  Martin  thought  proper  to  sug- 

1  gest  to  me.  that  doubts  might  be  entertained  of  the  transaction  re- 

Ifapecting  Logan,  as  staled  in  the  "  Notes  on  Virginia,"  and  to  inquire 

lion  what  grounds  that  etatement  was  founded,   I  should  have  felt 

Jefferson's  Works 

Before  we  condemn  the  Indians  of  this  continei 
as  wanting  genius,  we  must  consider  that  letters  i 

myself  obliged  by  the  inquiry;  have  informed  him  candidly  of  the 
grounds,  and  cordially  have  co-operated  in  every  means  of  investi- 
gating the  fact,  and  correcting  whatsoever  in  it  should  be  found  to 
have  been  erroneous.  But  he  chose  to  step  at  once  into  the  news- 
papers, and  in  his  publications  there  and  the  letters  he  wrote  to  me, 
adopted  a  style  which  forbade  the  respect  of  an  answer.  Sensible, 
however,  that  no  act  of  his  could  absolve  me  from  the  justice  due  to 
others,  as  soon  as  I  found  that  the  story  of  Logan  could  be  doubted, 
I  determined  to  ini|uire  into  it  as  accurately  as  the  testimony  remain- 
ing, after  a  lapse  of  twenty  odd  years,  would  permit,  and  that  the 
result  should  be  made  known,  either  in  the  first  new  edition  which 
should  be  printed  of  the  "  Notes  on  Virginia."  or  by  publishing  aji 
appendix.  I  thought  that  so  far  as  that  work  had  contributed  to 
impeach  the  memory  of  Cresap,  by  handing  on  an  erroneous  charge 
it  was  proper  it  should  be  made  the  vehicle  of  retribution.  Not  that 
I  was  at  all  the  author  of  the  injury ;  1  had  only  conciured.  with  thou- 
sands and  thousands  of  others,  in  believing  a  transaction  on  authority 
which  merited  respect.  For  the  story  of  Logan  is  only  repeated 
in  the  "  Notes  on  Virginia,"  precisely  as  it  had  been  current  for  mortt 
than  a  dozen  years  before  they  were  published.  When  Lord  Dun* 
more  returned  from  the  expedition  against  the  Indians,  tn  i 
and  his  officers  brought  the  speech  of  Logan,  and  related  the 
stances  of  it.  These  were  so  affecting,  and  the  speech  itself  i 
morsel  of  eloquence,  that  it  became  the  theme  of  every  conve^raatii 
in  Williamsburg  particularly,  and  generally,  indeed,  wheresoever  any- 
at  the  officers  resided  or  resorted.  I  learned  it  in  Williamsburg,  I 
believe  at  Lord  Dunmore's ;  and  I  find  in  my  pocket-book  of  that  year 
([  774)  an  entry  of  the  narrative,  as  taken  from  the  mouth  of  some  per- 
son, whose  name,  however,  is  not  noted,  nor  recollected,  precisely  in 
the  words  stated  in  the  "  Notes  on  Virginia."  The  speech  was  pub- 
lished in  the  Virginia  Gazette  of  that  time,  (I  ha\'e  it  myself  tn  the 
volume  of  gazettes  of  that  year,)  and  though  it  was  the  translation 
made  by  the  common  interpreter,  and  iq  a  style  by  no  means  elegant, 
yet  it  was  so  admired,  that  it  flew  through  all  the  public  papers  of  the 
continent,  and  through  the  maga/inea  and  other  periodical  publica- 
tions of  Great  Britain;  and  those  who  were  boys  at  that  day  win  now. 
attest,  that  the  speech  of  Logon  used  to  be  given  them 
exercise  for  repetition.     It  was  not  till  about  thirteen 

em  as  a  schog()^^| 
en  or  fourteeM^^H 


Notes  on  Virginia 

have  not  yet  been  introduced  among  them.     Were 
we  to  compare  them  in  their  present  state  with  the 

years  after  the  newspaper  publications,  that  the  "  Notes  on  Virginia" 
wen;  published  in  America.  Combating,  in  these,  the  contumelious 
theory  of  certain  European  writers,  whose  celebrity  gave  currency  and 
weight  to  their  opinions,  that  our  cnuntry  from  the  combined  effects 
of  soil  and  climate,  degenerated  animal  nature,  in  the  general,  and 
particularly  the  moral  faculties  of  man,  I  considered  the  speech  of 
Logan  as  an  apt  proof  of  the  contrary,  and  used  it  as  such;  and  I 
copied,  verbatim,  the  narrative  I  had  taken  down  in  1774,  and  the 
speech  as  it  had  been  given  us  in  a  better  translation  by  Lord  Dun- 
more.  I  knew  nothing  of  the  Cresaps.  and  could  not  possibly  have  a 
motive  to  do  them  an  injury  with  design.  I  repeated  what  thousands 
had  done  before,  on  as  good  authority  as  we  have  for  most  of  the  facts 
we  learn  through  life,  and  such  as,  to  this  moment,  I  have  seen  no 
reason  to  doubt.  That  any  body  questioned  it.  was  never  suspected 
by  me,  till  1  saw  the  letter  of  Mr.  Martin  in  the  Baltimore  paper.  I 
endeavored  then  to  recollect  who  among  my  contemporaries,  of  the 
same  circle  of  society,  and  consequently  of  the  same  recollections, 
might  still  be  alive;  three  and  twenty  years  of  death  and  dispersion 
had  left  very  few.  I  remembered,  however,  that  General  Gibson  was 
still  living,  and  knew  that  he  had  been  the  translator  of  the  speech. 
I  wrote  to  him  immediately.  He,  in  answer,  declares  to  me.  that  he 
vr&s  the  very  person  sent  by  Lord  Dunmore  to  the  Indian  town;  that, 
after  he  had  delivered  his  message  there,  Logan  took  him  out  to  a 
neighboring  wood;  sat  down  with  him,  and  rehearsing,  with  tears,  the 
catastrophe  of  his  family,  gave  him  that  speech  for  Lord  Dunmore; 
that  he  carried  it  to  Lord  Dunmore;  translated  it  for  him;  has  turned 
to  it  in  the  Encyclopedia,  as  taken  from  the  "  Notes  on  Virginia."  and 
finds  that  it  was  his  translation  I  had  used,  with  only  two  or  three 
verbal  variations  of  no  importance.  These,  I  suppose,  had  arisen  in 
of  successive  copies.  I  cite  General  Gibson's  letter  by 
memory,  not  having  it  with  me;  but  I  am  sure  I  cite  it  substantially 
right.  It  establishes  unquestionably,  that  the  speech  of  Logan  is 
genuine;  and  that  being  established,  it  is  Logan  himself  who  is  author 
of  all  the  important  facts.  "  Colonel  Cresap,"  says  he,  "in  cold  blood 
and  unprovoked,  murdered  all  the  relations  of  Logan,  not  sparing  even 
ind  children;  there  runs  not  a  drop  of  my  blood  in  the 
\s  of  any  living  creature."  The  person  and  the  tact,  in  all  its  mate- 
rial drcurastances,  are  here  given  by  Logan  himself.     General  Gibson, 

9^  Jefferson's  Works 

Europeans,  north  of  the  Alps,  when  tiie  Romaii 
arms  and  arts  first  crossed  those  mountains,  the 
comparison  would  be  unequal,  because,  at  that  trnie, 
those  parts  of  Europe  were  swarming  with  numbers; 

indeed,  6a>'s,  that  the  title  was  mistaken;  that  Cresap  was  a  Captain, 
and  not  a  Colonel.  This  was  Logan*s  mistake.  He  also  obserx-es,  that 
it  was  on  another  water  of  the  Ohio,  and  not  on  the  Kanhaway,  that 
his  family  was  killed.  This  is  an  error  which  has  crept  into  tbe  tra- 
ditionary account;  but  surely  of  little  moment  in  tbe  mond  view  oi 
the  subject.  The  material  question  is,  was  Logan*s  family  murdered, 
and  by  whom  ?  That  it  was  murdered  has  not,  I  bdieve,  been  denied; 
that  it  was  by  one  of  the  Cresaps,  Logan  affirms.  This  is  a  qnesdon 
which  concerns  the  memories  of  Logan  and  Cresap;  to  the  issue  of 
which  I  am  as  indifferent  as  if  I  had  never  heard  the  name  of  cither. 
I  have  begun  and  shall  continue  to  inquire  into  the  evidence  additional 
to  Logan's,  on  which  the  fact  was  founded.  Little,  indeed,  can  now 
be  heard  of,  and  that  little  dispersed  and  distant.  If  it  shall  appear 
on  inquiry,  that  Logan  has  been  wrong  in  charging  Cresap  with  the 
murder  of  his  family,  I  will  do  justice  to  the  memory  of  Cresap.  as  far 
as  I  have  contributed  to  the  injury,  by  believing  and  repeating  what 
others  had  believed  and  repeated  before  me.  If,  on  the  other  hand, 
I  find  that  Logan  was  right  in  his  charge,  I  will  vindicate,  as  far  as  my 
suffrage  may  go,  the  truth  of  a  Chief,  whose  talents  and  misfortunes 
have  attached  to  him  the  respect  and  commiseration  of  the  world. 

I  have  gone,  my  dear  Sir,  into  this  lengthy  detail  to  satisfy  a  mind, 
in  the  candor  and  rectitude  of  which  I  have  the  highest  confideiKe. 
So  far  as  you  may  incline  to  use  the  communication  for  rectifying  the 
judgments  of  those  who  are  willing  to  see  things  truly  as  they  are,  3roa 
are  free  to  use  it.  But  I  pray  that  no  confidence  which  you  may  repose 
in  any  one,  may  induce  you  to  let  it  go  out  of  your  hands,  so  as  to  get 
into  a  newspaper:  against  a  contest  in  that  field  I  am  entirely  decided. 
I  feel  extraordinary  gratification,  indeed,  in  addressing  this  letter  to 
you,  with  whom  shades  of  difference  in  political  sentiment  have  not 
prevented  the  interchange  of  good  opinion,  nor  cut  off  the  Mendly 
offices  of  society  and  good  correspondence.  This  political  tolerance 
is  the  more  valued  by  me,  who  consider  social  harmony  as  the  first  of 
human  felicities,  and  the  happiest  moments,  those  which  are  given  to 
the  effusions  of  the  heart.  Accept  them  sincerely,  I  pray  you,  from 
one  who  has  the  honor  to  be,  with  sentiments  of  high  respect  and  at- 
tachment, dear  Sir,  your  most  obedient,  and  most  humble  servant. 


Notes  on  Virginia  93 

because  numbers  produce  emulation,  and  multiply 
the  chances  of  improvement,  and  one  improvement 
begets  another.  Yet  I  may  safely  ask,  how  many 
good  poets,  how  many  able  mathematicians,  how 
many  great  inventors  in  arts  or  sciences,  had  Europe, 
north  of  the  Alps,  then  produced  ?  And  it  was  six- 
teen centuries  after  this  before  a  Newton  could  be 
formed.  I  do  not  mean  to  deny  that  there  are 
varieties  in  the  race  of  man,  distinguished  by  their 
powers  both  of  body  and  mind.  I  believe  there  are, 
as  I  see  to  be  the  case  in  the  races  of  other  animals. 
I  only  mean  to  suggest  a  doubt,  whether  the  bulk 
and  faculties  of  animals  depend  on  the  side  of  the 
Atlantic  on  which  their  food  happens  to  grow,  or 
"which  furnishes  the  elements  of  which  they  are  com- 
pounded? Whether  nature  has  enlisted  herself  as 
a  Cis  or  Trans-Atlantic  partisan?  I  am  induced  to 
suspect  there  has  been  more  eloquence  than  sound 
xeasoning  displayed  in  support  of  this  theory;  that 
it  is  one  of  those  cases  where  the  judgment  has  been 
seduced  by  a  glowing  pen ;  and  whilst  I  render  every 
tribute  of  honor  and  esteem  to  the  celebrated  zoolo- 
^st,  who  has  added,  and  is  still  adding,  so  many 
fcrtwecious  things  to  the  treasures  of  science,  I  must 
^Kdoubt  whether  in  this  instance  he  has  not  cherished 
^urror  also,  by  lending  her  for  a  moment  his  vivid 
^imagination  and  bewitching  language.  (4) 
f  So  far  the  Count  de  Buffon  has  carried  this  new 
theory  of  the  tendency  of  nature  to  belittle  her  pro- 
ductions on  this  side  the  Atlantic.     Its  application 


94  Jefferson's  Works 

to  the  race  of  whites  transplanted  from  Europe, 
remained  for  the  AbbiS  Raynal.  "On  doit  etre 
etonn^  (he  says)  que  TAm^rique  n'ait  pas  encore 
produit  un  bon  poete,  un  habile  math^maticien.  un 
homme  de  g^nie  dans  un  seul  art,  ou  seule  science." 
Hist.  Philos.  p.  92,  ed.  Macstricht,  1774.  "America 
has  not  yet  produced  one  good  poet."  When  we 
shall  have  existed  as  a  people  as  long  as  the  Greeks 
did  before  they  produced  a  Homer,  the  Romans  a 
Virgil,  the  French  a  Racine  and  Voltaire,  the  Eng- 
lish a  Shakespeare  and  Milton,  should  this  reproach 
be  still  true,  we  will  inquire  from  what  unfriendly 
causes  it  has  proceeded,  that  the  other  countries  of 
Europe  and  quarters  of  the  earth  shall  not  have 
inscribed  any  name  in  the  roll  of  poets.'  But 
neither  has  America  produced  "one  able  mathema- 
tician, one  man  of  genius  in  a  single  art  or  a  single 
science."  In  war  we  have  produced  a  Washington, 
whose  memory  wUl  be  adored  while  liberty  shall 
have  votaries,  whose  name  shall  triumph  over  time, 
and  will  in  future  ages  assume  its  just  station  among 
the  most  celebrated  worthies  of  the  world,  when  that 
wretched  philosophy  shall  be  forgotten  which  woiUd 
have  arranged  him  among  the  degeneracies  of  nature. 
In  physics  we  have  produced  a  Franklin,  than  whom 

'  Has  the  world  as  yet  produced  more  than  two  poets,  acknowledged 
to  be  such  by  all  nations?  An  Englishman  only  reads  Milton  with 
delight,  an  Italian.  Tasso.  a  Frenchman  the  Henriade;  a  Portuguese, 
Catnoens;  but  Homer  and  Virgil  have  been  the  rapture  of  every  age 
and  nation;  thi-y  are  ri.-ad  with  enthusiasm  in  their  originals  by  those 
who  can  read  the  originals,  and  in  translations  by  those  who  cannot. 


Notes  on  Virginia  95 

no  one  of  the  present  age  has  made  more  important 
discoveries,  nor  has  enriched  philosophy  with  more, 
or  more  ingenious  solutions  of  the  phenomena  of 
nature.  We  have  supposed  Mr.  Rittenhouse  second 
to  no  astronomer  living;  that  in  genius  he  must  be 
the  first,  because  he  is  self  taught.  As  an  artist  he 
has  exhibited  as  great  a  proof  of  mechanical  genius 
as  the  world  has  ever  produced.  He  has  not  indeed 
made  a  world;  but  he  has  by  imitation  approached 
nearer  its  Maker  than  any  man  who  has  lived  from 
the  creation  to  this  day.*  As  in  philosophy  and 
war,  so  in  government,  in  oratory,  in  painting,  in  the 
plastic  art,  we  might  show  that  America,  though  but 
a  child  of  yesterday,  has  already  given  hopeful 
proofs  of  genius,  as  well  as  of  the  nobler  kinds,  which 
arouse  the  best  feelings  of  man,  which  call  him  into 
action,  which  substantiate  his  freedom,  and  con- 
duct him  to  happiness,  as  of  the  subordinate,  which 
serve  to  amuse  him  only.  We  therefore  suppose, 
that  this  reproach  is  as  imjust  as  it  is  imkind:  and 
that,  of  the  geniuses  which  adorn  the  present  age, 
America  contributes  its  full  share.  For  comparing 
it  with  those  cotmtries  where  genius  is  most  culti- 
vated, where  are  the  most  excellent  models  for  art, 
and  scaffoldings  for  the  attainment  pf  science,  as 
France  and  England  for  instance,  we  calculate  thus : 

*  There  are  various  ways  of  keeping  truth  out  of  sight.  Mr.  Ritten- 
house's  model  of  the  planetary  system  has  the  plagiary  application  of 
an  Orrery;  and  the  quadrant  invented  by  Godfrey,  an  American  also, 
and  with  the  aid  of  which  the  European  nations  traverse  the  globe,  is 
called  Hadley's  quadrant. 


Jefferson's  Works 

The  United  States  contains  three  millions  of  inhabi- 
tants; France  twenty  millions;  and  the  British 
islands  ten.  We  produce  a  Washington,  a  Frank- 
lin, a  Rittenhouse.  France  then  should  have  half 
a  dozen  in  each  of  these  lines,  and  Great  Britain 
half  that  number,  equally  eminent.  It  may  be  true 
that  France  has;  we  are  but  just  becoming  ac- 
quainted with  her,  and  our  acquaintance  so  far 
gives  us  high  ideas  of  the  genius  of  her  inhabitants. 
It  would  be  injuring  too  many  of  them  to  name 
particularly  a  Voltaire,  a  Buffon,  the  constellation 
of  Encyclopedists,  the  Abb6  Raynal  himself,  etc., 
etc.  We,  therefore,  have  reason  to  believe  she  can 
produce  her  full  quota  of  genius.  The  present  war 
having  so  long  cut  off  all  communication  with  Great 
Britain,  we  are  not  able  to  make  a  fair  estimate  of 
the  state  of  science  in  that  country.  The  spirit  in 
which  she  wages  war,  is  the  only  sample  before  our 
eyes,  and  that  does  not  seem  the  legitimate  off- 
spring either  of  science  or  of  civilization.  The  sun 
of  her  glory  is  fast  descending  to  the  horizon.  Her 
philosophy  has  crossed  the  channel,  her  freedom 
the  Atlantic,  and  herself  seems  passing  to  that 
awful  dissolution  whose  issue  is  not  given  human 
foresight  to  scan.' 

'  In  a  later  edition  of  the  AbW  Rajmal's  work,  he  has  withdrawn  his 
censure  from  that  part  of  the  new  world  inhabited  by  the  Federo-,\ni*r- 
icans;  but  haii  left  it  still  on  the  other  parts.  North  America  has 
always  been  more  accessible  to  strangers  than  South.  If  he  was  mis- 
taken then  as  to  the  former,  he  may  be  so  as  to  the  latter.  The  glim- 
merings which  reach  us  from  South  America  enable  us  to  see  that  its 


Notes  on  Virginia  97 

Having  given  a  sketch  of  our  minerals,  vegeta- 
bles, and  quadrupeds,  and  being  led  by  a  proud 
theory  to  make  a  comparison  of  the  latter  with 
those  of  Europe,  and  to  extend  it  to  the  man  of 
America,  both  aboriginal  and  emigrant,  I  will  pro- 
ceed to  the  remaining  articles  comprehended  under 
the  present  querj'. 

Between  ninety  and  a  hundred  of  our  birds  have 
been  described  by  Catesby.  His  drawings  are  bet- 
ter as  to  form  and  attitude  than  coloring,  which  is 
generally  too  high.  They  are  the  following  (see 
pages  98,  99  and  100) : 
Besides  these,  we  have. 

The  Royston  crow.      Corvua  cor-  The  Ground     swallow.      Hirnndo 

nix.  riparia. 

Crane.      Ardea  Canadensis.  Greatest  gray  eagle. 

HoQGe  swallow.     Hirundo  Smaller  turkey  buzzard,  with 

rustica.  a  feathered  head. 

inhabitants  are  held  under  the  accumulated  pressure  of  slavery,  super- 
stition and  ignorance.  Whenever  they  shall  be  able  to  rise  under  this 
"dght.  and  to  show  themselves  to  the  rest  of  the  world,  they  will  prob- 
acy show  they  are  like  the  rest  of  the  world.  We  have  not  yet  suJli- 
cioit  evidence  that  there  are  more  lakes  and  fogs  in  South  America 
than  in  other  parts  of  the  earth.  As  little  do  we  know  what  would  be 
Ihdr  operation  on  the  mind  of  man.  That  country  has  been  visited 
by  Spaniards  and  Portuguese  chiefly,  and  almost  exclusively.  These, 
going  from  a  country  of  the  old  world  remarkably  dry  in  its  soil  and 
climate,  fancied  there  were  more  lakes  and  fogs  in  South  America  than 
in  Europe.  An  inhabitant  of  Ireland,  Sweden,  or  Finland  would  have 
formed  the  contrary  opinion.  Had  South  America  then  been  discov- 
ered and  settled  by  a  peojjle  from  a  fenny  country,  it  would  probably 
have  been  represented  as  much  drier  than  the  old  world.  A  patient 
pursuit  of  facts,  and  cautious  combination  and  comparison  of  them,  is 
the  drudgery  to  which  man  is  suljected  by  his  Maker,  if  he  wishes  to 
attain  sure  knowledge. 



Jefferson's  Works 










If   J    ^^liPl:ll|ll|   fllltliS 

Notes  on  Virginia 




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Jefferson's  Works 


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o  o  o  8  8  a 


Notes  on  Virginia 


The  Greatest  ovl.  or  night  hawk. 

Wet  hawk,  which  feeds  fly- 


Water  Pelican  of  the  Missis- 
sippi, whose  pouch  holds  a 




Duck  and  mallard. 


Sheldrach,  or  Canvas  back. 

Black  head. 


TheSprigtail  * 

Didapper',  oy  dopchick. 
Spoon-billed  duck. 
Blue  Peter. 
Water  Wagtail. 
Yellow-legged  Snipe. 
Squatting  Snipe. 
Small  Plover. 
Whistling  Plover. 

Red  bird,  with  black  head, 
wings  and  tail. 

And  doubtless  many  others  which  have  not  yet 
been  described  and  classed. 

To  this  catalogue  of  our  indigenous  animals,  I  will 
add  a  short  account  of  an  anomaly  of  nature,  taking 
place  sometimes  in  the  race  of  negroes  brought  from 
Africa,  who,  though  black  themselves,  have,  in  rare 
instances,  white  children,  called  Albinos.  I  have 
known  four  of  these  myself,  and  have  faithful  ac- 
counts of  three  others.  The  circimistances  in  which 
all  the  individuals  agree  are  these.  They  are  of  a 
pallid  cadaverous  white,  untinged  with  red,  without 
any  colored  spots  or  seams;  their  hair  of  the  same 
kmd  of  white,  short,  coarse,  and  curled  as  is  that  of 
the  negro ;  all  of  them  well  formed,  strong,  healthy, 
perfect  in  their  senses,  except  that  of  sight,  and  bom 
of  parents  who  had  no  mixture  of  white  blood. 
Three  of  these  Albinos  were  sisters,  having  two 
other  full  sisters,  who  were  black.     The  youngest 

loa  Jefferson's  Works 

of  the  three  was  killed  by  lightning,  at  12  years 
of  age.  ■  The  eldest  died  at  about  27  years  of  age, 
in  child-bed,  with  her  second  child.  The  middle 
one,  is  now  alive,  in  health,  and  has  issue,  as  the 
eldest  had,  by  a  black  man,  which  issue  was  black. 
They  are  uncommonly  shrewd,  quick  in  their  appre- 
hensions and  in  reply.  Their  eyes  are  in  a  perpetual 
tremulous  vibration,  very  weak,  and  much  affected 
by  the  sim;  but  they  see  much  better  in  the  night 
than  we  do.  They  are  of  the  property  of  Colonel 
Skipwith,  of  Ciunberland.  The  fourth  is  a  negro 
woman,  whose  parents  came  from  Guinea,  and  had 
three  other  children,  who  were  of  their  own  color. 
She  is  freckled,  her  eye-sight  so  weak  that  she  is 
obliged  to  wear  a  bonnet  in  the  summer;  but  it  is 
better  in  the  night  than  day.  She  had  an  Albino 
child  by  a  black  man.  It  died  at  the  age  of  a  few 
weeks.  These  were  tlie  property  of  Colonel  Carter. 
of  Albemarle.  A  sixth  instance  is  a  woman  the 
property  of  Mr.  Butler,  near  Petersburg.  She  is 
stout  and  robust,  has  issue  a  daughter,  jet  black,  by 
a  black  man.  I  am  not  informed  as  to  her  eye- 
sight. The  seventh  instance  is  of  a  male  belonging 
to  a  Mr.  Lee  of  Cumberland.  His  eyes  are  tremu- 
lous and  weak.  He  is  tall  of  stature,  and  now 
advanced  in  years.  He  is  the  only  male  of  the 
Albinos  which  have  come  within  my  information. 
Whatever  be  the  cause  of  the  disease  in  the  skin, 
or  in  its  coloring  matter,  which  produces  this  change, 
it  seems  more  incident  to  the  female  than  male  sex. 

Notes  on  Virginia 


To  these  I  may  add  the  mention  of  a  negro  man 
within  my  own  knowledge,  bom  black,  and  of  black 
parents;  on  whose  chin,  when  a  boy,  a  white  spot 
appeared.     This  continued  to  increase  till  he  be- 
came a  man,  by  which  time  it  had  extended  over  his 
I  chin,  lips,  one  cheek,  the  under  jaw,  and  neck  on  that 
I  side.     It  is  of  the  Albino  white,  without  any  mix- 
_  ture  of  red,  and  has  for  several  years  been  station- 
ary.    He  is  robust  and  healthy,  and  the  change  of 
I  color  was  not  accomi^anied  with  any  sensible  disease, 
]  either  general  or  topical. 

Of  our  fish  and  insects  there  has  been  nothing  like 
a  full  description  or  collection.     More  of  them  are 
described  in  Catesby  than  in  any  Other  work.     Many 
also  are  to  be  found  in  Sir  Hans  Sloane's  Jamaica, 
as  being  common  to  that  and  this  country.     The 
honey-bee  is  not  a  native  of  our  continent.     Marc- 
grave,  indeed,  mentions  a  species  of  honey-bee  in 
Brazil.     But  this  has  no  sting,  and  is  therefore  dif- 
ferent from  the  one  we  have,  which  resembles  per- 
fectly that  of  Europe.     The  Indians  concur  with 
us  in  the  tradition  that  it  was  brought  from  Europe; 
'  but  when,  and  by  whom,  we  know  not.     The  bees 
I  have  generally  extended  themselves  into  the  country, 
a  little  in  advance  of  the  white  settlers.     The  In- 
■  dians,  therefore,  call  them  the  white  man's  fly,  and 
f  consider  their  approach  as  indicating  the  approach 
'  of  the  settlements  of  the  whites.     A  question  here 
occurs,  How  far  northwardly  have  these  insects  been 
foimd?    That  they  are  unknown  in  Lapland,  I  infer 

I04  Jefferson's  Works 

from  Scheffer's  information,  that  the  Laplanders 
eat  the  pine  bark,  prepared  in  a  certain  way,  instead 
of  those  things  sweetened  with  sugar.  "Hoc  com- 
edimt  pro  rebus  saccharo  conditis."  ScheflE.  Lapp, 
c.  1 8.  Certainly  if  they  had  honey,  it  would  be  a 
better  substitute  for  sugar  than  any  preparation  of 
the  pine  bark.  Kalm  tells  us*  the  honey-bee  cannot 
live  through  the  winter  in  Canada.  They  furnish 
then  an  additional  fact  first  observed  by  the  Count 
de  Buffon,  and  which  has  thrown  such  a  blaze  of 
light  on  the  field  of  natural  history,  that  no  animals 
are  fotmd  in  both  continents,  but  those  which  are 
able  to  bear  the  cold  of  those  regions  where  they 
probably  join. 


A  notice  of  all  that  can  increase  the  progress  of 

Human  Knowledge? 

Under  the  latitude  of  this  query,  I  will  presume 
it  not  improper  nor  unacceptable  to  furnish  some 
data  for  estimating  the  climate  of  Virginia.  Journals 
of  observations  on  the  quantity  of  rain,  and  degree 
of  heat,  being  lengthy,  confused,  and  too  minute  to 
produce  general  and  distinct  ideas,  I  have  taken  five 
years'  observations,  to  wit,  from  1772  to  1777,  made 
in  Williamsburg  and  its  neighborhood,  have  reduced 
them  to  an  average  for  every  month  in  the  year,  and 
stated  those  averages  in  the  following  table,  adding 

"  1. 126. 

Notes  on  Virginia  105 

an  analytical  view  of  the  winds  during  the  same 


gn:»l«l  daily 













Hay  . 

Dec.  . 





41      10  4TM 
48       to  S4H 
S6       to6.M 

6i      to  joM 

^^     to8.M 


69Wt0  7.M 
6.M  to  66M 

47H  to  sjH 

43    i«*m 























The  Tains  of  every  month,  (as  of  January,  for  in- 
stance,) through  the  whole  period  of  years,  were 
added  separately,  and  an  average  drawn  from  them. 
The  coolest  and  warmest  point  of  the  same  day  in 
each  year  of  the  period,  were  added  separately,  and 
an  average  of  the  greatest  cold  and  greatest  heat  of 
that  day  was  formed.  From  the  averages  of  every 
day  in  the  month,  a  general  average  was  formed. 
The  point  from  which  the  wind  blew,  was  observed 
two  or  three  times  in  every  day.  These  observa- 
tions, in  the  month  of  January,  for  instance,  through 
the  whole  period,  amounted  to  three  himdred  and 
thirty-seven.  At  seventy-three  of  these,  the  wind 
was  from  the  north;  forty-seven  from  the  north- 
east, etc.     So  that  it  will  be  easy  to  see  in  what  pro- 

io6  Jefferson's  Works 

portion  each  wind  usually  prevails  in  each  month; 
or,  taking  the  whole  year,  the  total  of  observations 
through  the  whole  period  having  been  three  thou- 
sand six  hundred  and  ninety-eight,  it  will  be  ob- 
served that  six  hundred  and  eleven  of  them  were 
from  the  north,  five  hundred  and  fifty -eight  from 
the  north-east,  etc. 

Though  by  this  table  it  appears  we  have  on  an 
average  forty-seven  inches  of  rain  annually,  which 
is  considerably  more  than  usually  falls  in  Europe, 
yet  from  the  information  I  have  collected,  I  suppose 
we  have  a  much  greater  proix)rtion  of  sunshine  here 
than  there.  Perhaps  it  will  be  found,  there  are 
twice  as  many  cloudy  days  in  tlie  middle  parts  of 
Europe,  as  in  the  United  States  of  America.  I  men- 
tion the  middle  parts  of  Europe,  because  my  infor- 
mation does  not  extend  to  its  northern  or  southern 

In  an  extensive  country,  it  will  of  course  be  ex- 
pected that  the  climate  is  not  the  same  in  all  its  parts. 
It  is  remarkable,  that  proceeding  on  the  same  parallel 
of  latitude  westwardly,  the  climate  becomes  colder 
in  like  manner  as  when  you  proceed  northwardly. 
This  continues  to  be  the  case  till  you  attain  the  sum- 
mit of  the  Alleghany,  which  is  the  highest  land 
between  the  ocean  and  the  Mississippi.  From 
thence,  descending  in  the  same  latitude  to  the  Mis- 
sissippi, the  change  reverses;  and,  if  we  may  believe 
travellers,  it  becomes  warmer  there  than  it  is  in  the 
same  latitude  on  the  sea-side.     Their  testimony  is 

Notes  on  Virginia 


strengthened  by  the  vegetables  and  animals  which 
subsist  and  multiply  there  naturally,  and  do  not  on 
I  the  sea-coast.     Thus  Catalpas  grow  spontaneously 
on  the  Mississippi,  as  far  as  the  latitude  of  37°,  and 
I  reeds  as  far  as  38°.     Parroquets  even  winter  on  the 
Scioto,  in  the  39th  degree  of  latitude.     In  the  sum- 
mer of  1779,  when  the  thermometer  was  at  90°  at 
Monticello,  and  96°  at  Williamsburg,  it  was  no"  at 
I  Kaskaskia.     Perhaps    the   mountain,    which    over- 
hangs this  village  on  the  north  side,  may,  by  its  re- 
flection, have  contributed  somewhat  to  produce  this 
heat.     The  difference  of  temperature  of  the  air  at 
the  sea-coast,  or  on  the  Chesapeake  bay,  and  at  the 
Alleghany,  has  not  been  ascertained;  but  contem- 
porary observations,  made  at  Williamsburg,  or  in 
its  neighborhood,  and  at  Monticello,  which  is  on  the 
most  eastern  ridge  of  the  mountains,   called  the 
]  South-West,  where  they  are  intersected  by  the  Ri- 
vanna,  have  furnished  a  ratio  by  which  that  differ- 
[■ence  may  in  some  degree  be  conjectured.     These 
f  observations  make  the  difference  between  Williams- 
I  burg  and  the   nearest  mountains,    at  the  position 
i  before  mentioned,  to  be  on  an  average  6  J^°  of  Fahren- 
heit's thermometer.     Some  allowance,  however,  is 
I  to  be  made  for  the  difference  of  latitude  between 
these  two  places,  the  latter  being  38°  8'  17*,  which 
t  is  52'  22"  north  of  the  former.     By  contemporary 
I  observations  of  between  five  and  six  weeks,   the 
laver^ed    and    almost    unvaried    difference    of    the 
Ifceight  of  mercury  in  the  barometer,  at  those  two 


Jefferson's  Works 

places,  was  .784  of  an  inch,  the  atmosphere  at  Monti- 
cello  being  so  much  the  lightest,  that  is  to  say,  about 
one-thirty-seventh  of  its  whole  weight.  It  should 
be  observed,  however,  that  the  hill  of  Monticello  is  of 
five  hundred  feet  perpendicular  height  above  the 
river  which  washes  its  base.  This  position  being 
nearly  central  between  our  northern  and  southern 
boundaries,  and  between  the  bay  and  Alleghany, 
may  be  considered  as  furnishing  the  best  average  of 
the  temperature  of  our  climate.  Williamsburg  is 
much  too  near  the  south-eastern  comer  to  give  a 
fair  idea  of  our  general  temperature. 

But  a  more  remarkable  diflference  is  in  the  winds 
which  prevail  in  the  different  parts  of  the  country. 
The  following  table  exhibits  a  comparative  view  of 
the  winds  prevailing  at  Williamsburg,  and  at  Monti- 
cello.  It  is  formed  by  reducing  nine  months'  obser- 
vations at  Monticello  to  four  principal  points,  to  wit, 
the  north-east,  south-east,  south-west,  and  north- 
west ;  these  points  being  periiendicular  to.  or  parallel 
with  our  coast,  mountains,  and  rivers;  and  by  reduc- 
ing in  like  manner,  an  equal  number  of  observations, 
to  wit,  four  hundred  and  twenty-one  from  the  preced- 
ing table  of  winds  at  Williamsburg,  taking  them 
proportionably  from  every  point: 

By  this  it  may  be  seen  that  the  south-west  wind 
prevails  equally  at  both  places;  that  the  north-east 

Notes  on  Virginia 


is,  next  to  this,  the  principal  wind  towards  the  sea- 
coast,  and  the  north-west  is  the  predominant  wind 
at  the  mountains.  The  difEerence  between  these 
two  winds  to  sensation,  and  in  fact,  is  very  great. 
The  north-east  is  loaded  with  vapor,  insomuch,  that 
the  salt-makers  have  found  that  their  crystals  would 
not  shoot  while  that  blows;  it  brings  a  distressing 
chill,  and  is  heavy  and  oppressive  to  the  spirits. 
The  north-west  is  dry,  cooling,  elastic,  and  animat- 
ing. The  eastern  and  south-eastern  breezes  come 
on  generally  in  the  afternoon.  They  have  advanced 
into  the  country  very  sensibly  within  the  memory  of 
people  now  living.  They  formerly  did  not  pene- 
trate far  above  Williamsburg.  They  are  now  fre- 
quent at  Richmond,  and  every  now  and  then  reach 
the  motmtains.  They  deposit  most  of  their  moisture, 
however,  before  they  get  that  far.  As  the  lands 
become  more  cleared,  it  is  probable  they  will  extend 
still  further  westward. 

Going  out  into  the  open  air,  in  the  temperate,  and 
warm  months  of  the  year,  we  often  meet  with  bodies 
of  warm  air,  which  passing  by  us  in  two  or  three 
seconds,  do  not  afford  time  to  the  most  sensible  ther- 
mometer to  seize  their  temperature.  Judging  from 
my  feelings  only,  I  think  they  approach  the  ordinary 
heat  of  the  human  body.  Some  of  them,  perhaps, 
go  a  little  beyond  it.  They  are  of  about  twenty  to 
thirty  feet  diameter  horizontally.  Of  their  height 
^L  we  have  no  experience,  but  probably  they  are  globu- 
^M   lar  volumes  wafted  or  rolled  along  with  the  wind. 


Jefferson's  Works 

But  whence  taken,  where  found,  or  how  generated? 
They  are  not  to  be  ascribed  to  volcanoes,  because  we 
have  none.  They  do  not  happen  in  the  winter  when 
the  farmers  kindle  large  fires  in  clearing  up  their 
grounds.  They  are  not  confined  to  the  spring  sea- 
son, when  we  have  fires  which  traverse  whole  coun- 
ties, consuming  the  leaves  which  have  fallen  from 
the  trees.  And  they  are  too  frequent  and  general 
to  be  ascribed  to  accidental  fires.  I  am  persuaded 
their  cause  must  be  sought  for  in  the  atmosphere 
itself,  to  aid  us  in  which  I  know  but  of  these  con- 
stant circumstances:  a  dry  air;  a  temperature  as 
warm,  at  least,  as  that  of  the  spring  or  autumn ;  and 
a  moderate  current  of  wind.  They  are  most  fre- 
quent about  sun-set;  rare  in  the  middle  parts  of  the 
day;  and  I  do  not  recollect  having  ever  met  with 
them  in  the  morning. 

The  variation  in  the  weight  of  our  atmosphere,  as 
indicated  by  the  barometer,  is  not  equal  to  two  inches 
of  mercury.  During  twelve  months'  observation  at 
Williamsburg,  the  extremes  29  and  30.86  inches,  the 
difference  being  1,86  of  an  inch ;  and  in  nine  months, 
during  which  the  height  of  the  mercury  was  noted  at 
Monticello,  the  extremes  were  28.48  and  zg.69  inchi 
the  variation  being  1.21  of  an  inch.  A  gentleman] 
who  has  observed  his  barometer  many  years,  assures 
me  it  has  never  varied  two  inches.  Contemporary 
observations  made  at  Monticello  and  Williamsburg, 
proved  the  variations  in  the  weight  of  air  to  be  si 
ultaneous  and  corresponding  in  these  two  places. 

Notes  on  Virginia 

Our  changes  from  heat  to  cold,  and  cold  to  heat, 
j  are  very  sudden  and  great.  The  mercury  in  Fah- 
'  renheit's  thermometer  has  been  known  to  descend 
,  from  92°  to  47°  in  thirteen  hours. 

It  was  taken  for  granted,  that  the  preceding  table 
I  of  average  heat  will  not  give  a  false  idea  on  this  sub- 
I  ject,  as  it  proposes  to  state  only  the  ordinary  heat 
I  and  cold  of  each  month,  and  not  those  which  are 
extraordinary.     At  Williamsburg,  in  August,   1766, 
the  mercur>'  in  Fahrenheit's  thermometer  was  at 
98°,  corresponding  with  29}^  of  Reaumur.     At  the 
t  same  place  in  January  1780,  it  was  6°,  correspond- 
f  ing  with    1 1  ^2    below  zero  of  Reaumur,     I  believe' 
I  these  may  be  considered  to  be  nearly  the  extremes 
'  of  heat  and  cold  in  that  part  of  the  country.     The 
latter  may  most  certainly,  as  that  time  York  river, 
at  Yorktown,  was  frozen  over,  so  that  people  walked 
across  it;  a  circumstance  which  proves  it  to  have 
I  "been  colder  than  the  winter  of    1740-1741,  usually 
l  called  the  cold  winter,  when  York  river  did  not  freeze 
over  at  that  place.    In  the  same  season  of  1 780,  Chesa- 
peake bay  was  solid,  from  its  head  to  the  mouth  of 
Potomac.     At  Annapolis,  where  it  is  5  J^  miles  over 
b  between  the  nearest  points  of  land,  the  ice  was  from 
l£ve   to    seven    inches    thick   qmte    across,    so    that 
■loaded  carriages  went  over  on  it.     Those,  our  ex- 
ftremes  of  heat  and  cold,  of  6°  and  98°.  were  indeed 

'  At  Paris,  in  1753.  the  mercury  in  Reaumur's  thermometer  was  at 
I  jo}^  above  zero,  and  in  1776.11  was  at  16  below  aero.  The  extremities 
Wi-ti  beat  and  cold  therefore  at  Paris,  are  greater  than  at  Willi amsbui^, 
^whichisin  the  hottest  part  of  Virginia. 

112  Jefferson's  Works 

very  distressing  to  us,  and  were  thought  to  put  th*S 
extent  of  the  human  constitution  to  considerable  1 
trial.     Yet  a  Siberian  would  have  considered  themJ 
as    scarcely    a    sensible    variation.     At    Jenniseitz-l 
in  that  country,  in  latitude  58°  27',  we  are  told  thati" 
the  cold  in  1735  sunk  the  mercury  by  Fahrenheit 'a  J 
scale  to   126°  below  nothing;  and  the  inhabitants! 
of  the  same  countrj'  use  stove  rooms  two  or  three  1 
times  a  week,  in  which  they  stay  two  hours  at  al 
time,  the  atmosphere  of  which  raises  the  mercury  toj 
135°  above  nothing.     Late  experiments  show  thati 
the  human  body  will  exist  in  rooms  heated  to  i40*| 
of  Reaumur,  equal  to  347''  of  Fahrenheit's,  and  135**^ 
above   boiling   water.     The    hottest   point   of    thtf 
twenty-four  hours  is  about  four  o'clock,  P.  M., 
the  dawn  of  day  the  coldest. 

The  access  of  frost  in  autumn,  and  its  recess  the 
spring,  do  not  seem  to  depend  merely  on  the  degree 
of  cold;  much  less  on  the  air's  being  at  the  freezing- 
point.  White  frosts  are  frequent  when  the  thermom- 1 
eter  is  at  47°,  have  killed  young  plants  of  Indian 
com  at  48°,  and  have  been  known  at  54°.  Black 
frost,  and  even  ice,  have  been  produced  at  38^°, 
which  is  6j4  degrees  above  the  freezing  point.  That 
other  circumstances  must  be  combined  with  this  cold 
to  produce  frost,  is  evident  from  this  also,  on  the 
higher  parts  of  mountains,  where  it  is  absolutely 
colder  than  in  the  plains  on  which  they  stand,  frosts 
do  not  apjjear  so  early  by  a  considerable  space  of  time 
in  autumn,  and  go  off  sooner  in  the  spring,  than  in 

Notes  on  Virginia  113 

the  plains.  I  have  known  frosts  so  severe  as  to  kill 
the  hickory  trees  roiind  about  Monticello,  and  yet 
not  injure  the  tender  fruit  blossoms  then  in  bloom 
on  the  top  and  higher  parts  of  the  motmtain;  and 
in  the  course  of  forty  years,  during  which  it  had  been 
settled,  there  have  been  but  two  instances  of  a  gen- 
eral loss  of  fruit  on  it;  while  in  the  circumjacent 
country,  the  fruit  has  escaped  but  twice  in  the  last 
seven  years.  The  plants  of  tobacco,  which  grow 
from  the  roots  of  those  which  have  been  cut  oflE  in  the 
summer,  are  frequently  green  here  at  Christmas. 
This  privilege  against  the  frost  is  tmdoubtedly  com- 
bined with  the  want  of  dew  on  the  motmtains.  That 
the  dew  is  very  rare  on  their  higher  parts,  I  may 
say  with  certainty,  from  twelve  years'  observations, 
having  scarcely  ever,  during  that  time,  seen  an 
imequivocal  proof  of  its  existence  on  them  at  all 
during  stunmer.  Severe  frosts  in  the  depth  of  winter 
prove  that  the  region  of  dews  extends  higher  in  that 
season  than  the  tops  of  the  mountains;  but  cer- 
tainly, in  the  summer  season,  the  vapors,  by  the 
time  they  attain  that  height,  are  so  attenuated  as 
not  to  subside  and  form  a  dew  when  the  stm  retires. 

The  weavil  has  not  yet  ascended  the  high  motm- 

A  more  satisfactory  estimate  of  our  climate  to 
some,  may  perhaps  be  formed,  by  noting  the  plants 
which  grow  here,  subject,  however,  to  be  killed  by 
otu:  severest  colds.  These  are  the  fig,  pomegranate, 
artichoke,  and  European  walnut.     In  mild  winters, 

VOL.  II — 8 

114  Jefferson's  Works 

lettuce  and  endive  require  no  shelter;  but,  gener- 
ally, they  need  a  slight  covering.  I  do  not  know  that 
the  want  of  long  moss,  reed,  myrtle,  swamp  laurel, 
holly,  and  cypress,  in  the  upper  country  proceeds 
from  a  greater  degree  of  cold,  nor  that  they  were 
ever  killed  with  any  degree  of  cold,  nor  that  they 
were  ever  killed  with  any  degree  of  cold  in  the  lower 
country.  The  aloe  lived  in  Williamsburg,  in  the 
open  air,  through  the  severe  winter  of  1779,  1780. 

A  change  in  our  climate,  however,  is  taking  place 
very  sensibly.  Both  heats  and  colds  are  become 
much  more  moderate  within  the  memorj-  even  of 
the  middle-aged.  Snows  are  less  frequent  and  less 
deep.  They  do  not  often  lie,  below  the  mountains, 
more  than  one,  two,  or  three  days,  and  very  rarely  a 
week.  They  are  remembered  to  have  been  formerly 
frequent,  deep,  and  of  long  continuance.  The  elderly 
inform  me,  the  earth  used  to  be  covered  with  snow 
about  three  months  in  every  year.  The  rivers, 
which  then  seldom  failed  to  freeze  over  in  the  course 
of  the  winter,  scarcely  ever  do  so  now.  This  change 
has  produced  an  unfortunate  fluctuation  between 
heat  and  cold,  in  the  spring  of  the  year,  which  is 
very  fatal  to  fruits.  From  the  year  1741  to  1769, 
an  interval  of  twenty-eight  years,  there  was  no 
instance  of  fruit  killed  by  the  frost  in  the  neighbor- 
hood of  Monticello.  An  intense  cold,  produced  by 
constant  snows,  kept  the  buds  locked  up  till  the  sun 
could  obtain,  in  the  spring  of  the  year,  so  fixed  an 
ascendency  as  to  dissolve  those  snows,  and  protect 

Notes  on  Virginia  ^^5 

the  buds,  during  their  development,  from  every 
danger  of  returning  cold.  The  accumulated  snows 
of  the  winter  remaining  to  be  dissolved  all  together 
in  the  spring,  produced  those  overflowings  of  our 
rivers,  so  frequent  then,  and  so  rare  now. 

Having  had  occasion  to  mention  the  particular 
situation  of  Monticello  for  other  purposes,  I  will 
just  take  notice  that  its  elevation  affords  an  oppor- 
tunity of  seeing  a  phenomenon  which  is  rare  at  land, 
though  frequent  at  sea.  The  seamen  call  it  loom- 
ing. Philosophy  is  as  yet  in  the  rear  of  the  seamen, 
for  so  far  from  having  accounted  for  it,  she  has  not 
given  it  a  name.  Its  principal  effect  is  to  make 
distant  objects  appear  larger,  in  opposition  to  the 
general  law  of  vision,  by  which  they  are  diminished. 
I  knew  an  instance,  at  Yorktown,  from  whence  the 
water  prospect  eastwardly  is  without  termination, 
wherein  a  canoe  with  three  men,  at  a  great  distance 
was  taken  for  a  ship  with  its  three  masts.  I  am 
little  acquainted  with  the  phenomenon  as  it  shows 
itself  at  sea ;  but  at  Monticello  it  is  familiar.  There 
IS  a  solitary  mountain  about  forty  miles  off  in  the 
South,  whose  natural  shape,  as  presented  to  view 
there,  is  a  regular  cone ;  but  by  the  effect  of  looming, 


it  sometimes  subsides  almost  totally  in  the  horizon ; 
sometimes  it  rises  more  acute  and  more  elevated; 
sometimes  it  is  hemispherical;  and  sometimes  its 
sides  are  perpendicular,  its  top  flat,  and  as  broad  as 
Its  base.  In  short,  it  assumes  at  times  the  most 
whimsical  shapes,  and  all  these  perhaps  successively 

"6  Jefferson's  Works 

in  the  same  morning.  The  blue  ridge  of  mountains 
comes  into  view,  in  the  north-east,  at  about  one 
htmdred  miles  distance,  and  approaching  in  a  direct 
line,  passes  by  within  twenty  miles,  and  goes  off  to 
the  south-west.  This  phenomenon  begins  to  show 
itself  on  these  motmtains,  at  about  fifty  miles  dis- 
tance, and  continues  beyond  that  as  far  as  they  are 
seen.  I  remark  no  particular  state,  either  in  the 
weight,  moisture,  or  heat  of  the  atmosphere,  neces- 
sary to  produce  this.  The  only  constant  circum- 
stances are  its  appearance  in  the  morning  only,  and 
on  objects  at  least  forty  or  fifty  miles  distant.  In  this 
latter  circiunstance,  if  not  in  both,  it  differs  from 
the  looming  on  the  water.  Refraction  will  not 
accotmt  for  the  metamorphosis.  That  only  changes 
the  proportions  of  length  and  breadth,  base  and 
altitude,  preserving  the  general  outlines.  Thus  it 
may  make  a  circle  appear  elliptical,  raise  or  depress 
a  cone,  but  by  none  of  its  laws,  as  yet  developed, 
will  it  make  a  circle  appear  a  square,  or  a  cone 
a  sphere. 


The  number  of  its  inhabitants  f 

The  following  table  shows  the  number  of  persons 
imported  for  the  establishment  of  our  colony  in  its 
infant  state,  and  the  census  of  inhabitants  at  differ- 
ent periods,  extracted  from  our  historians  and  public 
records,  as  particularly  as  I  have  had  opporttmities 

Notes  on  Virginia 



Settlers  Imported. 

Census  of  Inhabitants. 

Census  of  Tythes. 



•  • 


•  • 



•   ••••••• 


•  • 




•  • 


•  ■ 




•  ■ 



3  shiploads. 

•  • 








•  • 


•  • 








•  ■ 













a  a, 000 










and  leisure  to  examine  them.  Successive  lines  in 
the  same  year  show  successive  periods  of  time  in  that 
year.  I  have  stated  the  census  in  two  different 
colunms,  the  whole  inhabitants  having  been  some- 
times numbered,  and  sometimes  the  tythes  only. 
This  term,  with  us,  includes  the  free  males  above 
sixteen  years  of  age,  and  slaves  above  that  age  of 
both  sexes.  A  further  examination  of  our  records 
would  render  this  history  of  otu:  population  much 
more  satisfactory  and  perfect,  by  ftimishing  a  greater 
number  of  intermediate  terms.    These,   however, 


Jefferson's  Works 

which  are  here  stated  will  enable  us  to  calculate,  with 
a  considerable  degree  of  precision,  the  rate  at  which 
we  have  increased.  During  the  infancy  of  the  col- 
on)', while  numbers  were  small,  wars,  importations, 
and  other  accidental  circumstances  render  the  pro- 
gression fluctuating  and  irregular.  By  the  year 
1654,  however,  it  becomes  tolerably  uniform,  im- 
portations having  in  a  great  measure  ceased  from 
the  dissolution  of  the  company,  and  the  inhabitants 
become  too  nimierous  to  be  sensibly  affected  by 
Indian  wars.  Beginning  at  that  period,  therefore, 
we  find  that  from  thence  to  the  year  1772,  our  tythes 
had  increased  from  7,209  to  153.000.  The  whole 
term  being  of  one  hundred  and  eighteen  years,  yields 
a  duplication  once  in  every  twenty-seven  and  a 
quarter  years.  The  intermediate  enumerations 
taken  in  1700,  1748,  and  1759,  furnish  proofs  of  the 
uniformity  of  this  progression.  Should  this  rate  of 
increase  continue,  we  shall  have  between  six  and 
seven  millions  of  inhabitants  within  ninety-five 
years.  If  we  suppose  our  country  to  be  bounded, 
at  some  future  day,  by  the  meridian  of  the  mouth 
of  the  Great  Kanhaway,  (within  which  it  has  been 
before  conjectured,  are  64,461  square  miles)  there 
will  then  be  one  hundred  inhabitants  for  every 
square  mile,  which  is  nearly  the  state  of  population 
in  the  British  Islands. 

Here  I  will  beg  leave  to  propose  a  doubt.  The 
present  desire  of  America  is  to  produce  rapid  popu- 
lation by  as  great  imix)rtations  of  foreigners  as  pos- 


Notes  on  Virginia 


sible.  But  is  this  founded  in  good  policy?  The 
advantage  proposed  is  the  multiplication  of  numbers. 
Now  let  us  suppose  (for  example  only)  that,  in  this 
state,  we  could  double  our  numbers  in  one  year  by 
the  importation  of  foreigners;  and  this  is  a  greater 
accession  than  the  most  sanguine  advocate  for  emi- 
gration has  a  right  to  expect,  Then  I  say,  begin- 
ning with  a  double  stock,  we  shall  attain  any  given 
degree  of  population  only  twenty-seven  years,  and 
three  months  sooner  than  if  we  proceed  on  our  single 
stock.  If  we  propose  four  millions  and  a  half  as  a 
competent  poptdation  for  this  State,  we  should  be 
fifty-four  and  a  half  years  attaining  it,  could  we  at 
once  double  our  numbers;  and  eighty-one  and  three 
quarter  years,  if  we  rely  on  natural  propagation,  as 
may  be  seen  by  the  following  tablet: 

our  prt«nl  .lock. 

.  dimbl.  .lock. 






■  ,.;o.4s6 






In  the  first  column  are  stated  periods  of  twenty- 
seven  and  a  quarter  years;  in  the  second  are  our 
numbers  at  each  period,  as  they  will  be  if  we  proceed 
on  our  actual  stock ;  and  in  the  third  are  what  they 
would  be,  at  the  same  periods,  were  we  to  set  out 
from  the  double  of  our  present  stock.  I  have  taken 
the  term  of  four  million  and  a  half  of  inhabitants  for 
example's  sake  only.  Yet  I  am  persuaded  it  is  a 
greater  number  than  the  country  spoken  of,  consid- 

Jefferson's  Works 

ering  how  much  inarable  land  it  contains,  can  clothe 
and  feed  without  a  material  change  in  the  quality  of 
their  diet.  But  are  there  no  inconveniences  to  be 
thrown  into  the  scale  against  the  advantage  expected 
from  a  multiplication  of  numbers  by  the  importation 
of  foreigners  ?  It  is  for  the  happiness  of  those  united 
in  society  to  harmonize  as  much  as  possible  in  mat- 
ters which  they  must  of  necessity  transact  together. 
Civil  government  being  the  sole  object  of  forming 
societies,  its  administration  mtist  be  conducted  by 
common  consent.  Every  species  of  government 
has  its  specific  principles.  Ours  perhaps  are  more 
peculiar  than  those  of  any  other  in  the  universe.  It 
is  a  composition  of  the  freest  principles  of  the  Eng- 
lish constitution,  with  others  derived  from  natural 
right  and  natural  reason.  To  these  nothing  can  be 
more  opposed  than  the  maxims  of  absolute  monarch- 
ies. Yet  from  such  we  are  to  expect  the  greatest 
number  of  emigrants.  They  will  bring  with  them 
the  principles  of  the  governments  they  leave,  im- 
bibed in  their  early  youth;  or,  if  able  to  throw  them 
off,  it  will  be  in  exchange  for  an  unbounded  licen- 
tiousness, passing,  as  is  usual,  from  one  extreme  to 
another.  It  would  be  a  miracle  were  they  to  stop 
precisely  at  the  point  of  temperate  liberty.  These 
principles,  with  their  language,  they  will  transmit 
to  their  children.  In  proportion  to  their  numbers, 
they  will  share  with  us  the  legislation.  They  will 
infuse  into  it  their  spirit,  warp  and  bias  its  directions, 
and  render  it  a  heterogeneous,  incoherent,  distracted 


Notes  on  Virginia  121 

mass.  I  may  appeal  to  experience,  during  the  pres- 
ent contest,  for  a  verification  of  these  conjectures. 
But,  if  they  be  not  certain  in  event,  are  they  not 
possible,  are  they  not  probable?  Is  it  not  safer  to 
wait  with  patience  twenty-seven  years  and  three 
months  longer,  for  the  attainment  of  any  degree  of 
population  desired  or  expected?  May  not  our  gov- 
ernment be  more  homogeneous,  more  peaceable, 
more  durable?  Suppose  twenty  millions  of  repub- 
lican Americans  thrown  all  of  a  sudden  into  France, 
what  would  be  the  condition  of  that  kingdom?  If 
it  would  be  more  turbulent,  less  happy,  less  strong, 
we  may  believe  that  the  addition  of  half  a  million 
of  foreigners  to  our  present  ntunbers  would  produce 
a  similar  effect  here.  If  they  come  of  themselves 
they  are  entitled  to  all  the  rights  of  citizenship ;  but 
doubt  the  expediency  of  inviting  them  by  extraor- 
dinary encouragements.  I  mean  not  that  these 
doubts  should  be  extended  to  the  importation  of 
useful  artificers.  The  policy  of  that  measure  de- 
pends on  very  different  considerations.  Spare  no 
expense  in  obtaining  them.  They  will  after  a  while 
go  to  the  plough  and  the  hoe;  but,  in  the  mean  time, 
they  will  teach  us  something  we  do  not  know.  It  is 
not  so  in  agriculture.  The  indifferent  state  of  that 
among  us  does  not  proceed  from  a  want  of  knowl- 
edge merely;  it  is  from  our  having  such  quantities 
of  land  to  waste  as  we  please.  In  Europe  the  object 
is  to  make  the  most  of  their  land,  labor  being  abund- 
ant; here  it  is  to  make  the  most  of  our  labor,  land 
being  abundant. 

Jefferson's  Works 

It  will  be  projjer  to  explain  how  the  numbers  for 
the  year  1782  have  been  obtained ;  as  it  was  not  from 
a  perfect  census  of  the  inhabitants.  It  will  at  the 
same  time  develope  the  proportion  between  the  free 
inhabitants  and  slaves.  The  following  return  of 
taxable  articles  for  that  year  was  given  in:  h 

53,289  free  males  above  twenty-one  years  of  age.  B 
211,698  slaves  of  all  ages  and  sexes. 

23,76c  not  distinguished  in  the  returns,  but  said  to 
be  tytheable  slaves. 
195,439  horses.  ^ 

609,734  cattle.  ^1 

5,126  wheels  of  riding-carriages. 

191  taverns. 
There  were  no  returns  from  the  eight  counties 
of  Lincoln,  Jefferson,  Fayette.  Monongalia,  Yoho- 
gania,  Ohio,  Northampton,  and  York.  To  find  the 
number  of  slaves  which  should  have  been  returned 
instead  of  the  23,766  tytheables,  we  must  mention 
that  some  observations  on  a  former  census  had 
given  reason  to  believe  that  the  numbers  above  and 
below  sixteen  years  of  age  were  equal.  The  double 
of  this  number,  therefore,  to  wit,  47,532  must  be 
added  to  311,698,  which  will  give  us  259,230  slaves 
of  all  ages  and  sexes.  To  find  the  number  of  free 
inhabitants  we  must  repeat  the  observation  that 
those  above  and  below  sixteen  are  nearly  equal. 
But  as  the  number  53,289  omits  the  males  below  six- 
teen and  twenty-one  we  must  supply  them  from  con- 
jecture.    On  a  former  experiment  it  had  appeared 


Notes  on  Virginia  "3 

that  about  one-third  of  our  militia,  that  is,  of  the 
males  between  sixteen  and  fifty,  were  immarried. 
Knowing  how  early  marriage  takes  place  here,  we 
shall  not  be  far  wrong  in  supposing  that  the  un- 
married part  of  our  militia  are  those  between  sixteen 
and  twenty-one.  If  there  be  yoimg  men  who  do 
not  marry  till  after  twenty-one,  there  are  many  who 
marry  before  that  age.  But  as  men  above  fifty 
were  not  included  in  the  militia,  we  will  suppose  the 
immarried,  or  those  between  sixteen  and  twenty- 
one,  to  be  one-fourth  of  the  whole  number  above 
sixteen,  then  we  have  the  following  calculation : 

53,289  free    males  above    twenty-one   years   of 

17,763  free  males  between    sixteen  and  twenty- 

17,052  free  males  under  sixteen. 
142,104  free  males  of  all  ages. 

284,208  free  inhabitants  of  all  ages. 
259,230  slaves  of  all  ages. 

543*438  inhabitants,  exclusive  of  the  eight  coun- 
ties from  which  were  no  returns.  In  these  eight 
counties  in  the  years  1779  and  1780,  were  3,161 
militia.     Say   then, 

3,161  free  males  above  the  age  of  sixteen. 

3,161  free  males  under  sixteen. 

6,322  free  females. 

1 2,644  free  inhabitants  in  these  eight  counties.  To 
find  the  ntunber  of  slaves,  say,  as  284,208  to  259,- 

124  Jefferson's  Works 

230,  so  is  12,644  to  11,532.  Adding  the  third  of 
these  numbers  to  the  first,  and  the  fourth  to  the 
second,  we  have, 

296,852  free  inhabitants. 

270,762  slaves. 

567,614  inhabitants  of  every  age,  sex  and  condi- 
tion. But  296,852,  the  number  of  free  inhabitants, 
are  to  270,762,  the  number  of  slaves,  nearly  as  11 
to  10.  Under  the  mild  treatment  our  slaves  expe- 
rience, and  their  wholesome,  though  coarse  food, 
this  blot  in  our  coimtry  increases  as  fast,  or  faster 
than  the  whites.  During  the  regal  government  we 
had  at  one  time  obtained  a  law  which  imposed  such 
a  duty  on  the  importation  of  slaves  as  amoimted 
nearly  to  a  prohibition,  when  one  inconsiderate 
assembly,  placed  under  a  peculiarity  of  circum- 
stance, repealed  the  law.  This  repeal  met  a  joyful 
sanction  from  the  then  reigning  sovereign,  and  no  de- 
vices, no  expedients,  which  could  ever  be  attempted 
by  subsequent  assemblies,  and  they  seldom  met 
without  attempting  them,  could  succeed  in  getting 
the  royal  assent  to  a  renewal  of  the  duty.  In  the 
very  first  session  held  under  the  repubUcan  gov- 
ernment, the  assembly  passed  a  law  for  the  perpet- 
ual prohibition  of  the  importation  of  slaves.  This 
will  in  some  measure  stop  the  increase  of  this  great 
political  and  moral  evil,  while  the  minds  of  our 
citizens  may  be  ripening  for  a  complete  emancipa- 
tion of  human  nature. 

rf       ..■♦..      •/  *    . 

'••J"'  ^- 

-^-'t-./         .^'     ''J-^^l^Jl      '.-.i     1... 

V    *   ■ 

i'.  / 

imije  inscriptions 

Photg-cngpaving  of  I|iscriptions  that  wepe  written  by  Jefferson  on  the  Fly 
■ '      '■  ^'*  fek^^/  dfT«W  ^f«e^tAti(JtT'  C<J*T>5"  «f  th«»  French  Edition 
/  •  of  t)ts  "Notes  on  Virginia" 

r    .« 

/^  ■     vf  Vila        i^uu 

^    ^v.      - 


f.    >■. 

-.  •;,;  ).:      -.i  !    (.«  i    l.)  t'l'ti.'V 

.■f.';r,-^         -o       I.^V*  :.''l  \h 

.  ' .  I 

■  >     ■  t  . 

I       1    •   I 

<       t  • 

•    •  1  ■ 

1  •  t  .    ' 

I  . 

■     ;     i'i-«'.: 

1-.    ;-;. 

-.  I 


■  t  ' 



tU.  fOlA^c^i**  Sc^ttU-iyit.  /i«y  *<«^  l^a ariiy  ^i. 

Notes  on  Virginia 



Th£  number  and  condition  of  the  Militia  and  Regular 
Troops,  and  their  Pay  ? 
The  following  is  a  state  of  the  militia,  taken 
from  returns  of  1780  and  1781,  except  in  those  coun- 
ties marked  with  an  asterisk,  the  rettuns  from  which 
are  somewhat  older. 







































yooonzalia    .. 

Harapdiire  ,-. 





Rockbridge  ... 
Boutetonrt  .  . . 


Culpe|>per  .... 
Spotsylvania  .. 




Bedford  ....'.' 
Henry  ...... 

Halitajt   .-..'. 
Prince  Edward 

Powhatan  .  . . 


Luoenburg  .  . 
Meckleobutg  - 



'4  Bo 




Southampton  . . . 
Isle  o{  White  .... 


Henrico  ....'.'.'.'- 


New  Kent 

Charlei  aty 


Williamsbuish  .  . 


EJiubeth  City  .  . 


King  and  Queen. 


Prince  WiUiam  , . 


King  George  .... 


Westmoreland  .. 
fJo  rth  umberUnd . 

Whole  M 

Utia  of  the  Slate.. 



Jefferson's  Works 

Every  able-bodied  freeman,  between  the  ag^  of 
sixteen  and  fifty,  is  enrolled  in  the  militia.  Those 
of  ever)'  coimty  are  formed  into  companies,  and 
these  again  into  one  or  more  battalions,  according 
to  the  numbers  in  the  county.  They  are  com- 
manded by  colonels,  and  other  subordinate  offi- 
cers, as  in  the  regular  service.  In  every  county  is 
a  county-lieutenant,  who  commands  the  whole 
militia  of  his  county,  but  ranks  only  as  a  colonel  in 
the  field.  We  have  no  general  officers  always  ex- 
isting. These  are  appointed  occasionally,  when 
an  invasion  or  insurrection  happens,  and  their  com- 
mission determines  with  the  occasion.  The  Gov- 
ernor is  head  of  the  military,  as  well  as  civil  powi 
The  law  requires  every  militia-man  to  provide  hi 
self  with  the  arms  usual  in  the  regular  service.  But 
this  injunction  was  always  indifferently  complied 
with,  and  the  arms  they  had,  have  been  so  frequently 
called  for  to  arm  the  regulars,  that  in  the  lower 
parts  of  the  country  they  are  entirely  disarmed.  In 
the  middle  country  a  fourth  or  fifth  part  of  them 
may  have  such  firelocks  as  tliey  had  provided  to 
destroy  the  noxious  animals  which  infest  their 
farms;  and  on  the  western  side  of  the  Blue  Ridge 
they  are  generally  armed  with  rifles.  The  pay  of 
our  militia,  as  well  as  of  our  regulars,  is  that  of  the 
continental  regulars.  The  condition  of  our  regu- 
lars, of  whom  we  have  none  but  continentals,  and 
part  of  a  battalion  of  state  troops,  is  so  constantl; 
on  the  change,  that  a  state  of  it  at  this  day 

50  constantljr^^ 
ay  would  no^^l 

Notes  on  Virginia  127 

be  its  state  a  month  hence.  It  is  much  the  same 
with  the  condition  of  the  other  continental  troops, 
which  is  well  enough  known. 

QUERY    X. 

The  Marine? 

Before  the  present  invasion  of  this  State  by  the 
British,  imder  the  command  of  General  Phillips, 
we  had  three  vessels  of  sixteen  guns,  one  of  fourteen, 
five  small  gallies,  and  two  or  three  armed  boats. 
They  were  generally  so  badly  manned  as  seldom  to 
be  in  a  condition  for  service.  Since  the  perfect 
possession  of  our  rivers  assumed  by  the  enemy,  I 
believe  we  are  left  with  a  single  armed  boat  only. 


A  description  of  the  Indians  established  in  that  State  ? 

When  the  first  effectual  settlement  of  our  colony 
was  made,  which  was  in  1607,  the  country  from  the 
seacoast  to  the  mountains,  and  from  the  Potomac 
to  the  most  southern  waters  of  James*  river,  was 
occupied  by  upwards  of  forty  different  tribes  of 
Indians.  Of  these  the  Powhatans,  the  MannahoacSy 
and  Monacans,  were  the  most  powerful.  Those 
between  the  seacoast  and  falls  of  the  rivers,  were 
in  amity  with  one  another,  and  attached  to  the 

128  Jefferson's  Works 

Powhatans  as  their  link  of  union.  Those  between 
the  falls  of  the  rivers  and  the  mountains,  were 
divided  into  two  confederacies;  the  tribes  inhabit- 
ing the  head  waters  of  Potomac  and  Rappahannock, 
being  attached  to  the  Mannahoacs;  and  those  on 
the  upper  parts  of  James'  river  to  the  Monacans. 
But  the  Monacans  and  their  friends  were  in  amity 
with  the  Mannahoacs  and  their  friends,  and  waged 
joint  ai;d  perpetual  war  against  the  Powhatans.  We 
are  told  that  the  Powhatans,  Mannahoacs,  and 
Monacans,  spoke  languages  so  radically  different, 
that  interpreters  were  necessary  when  they  trans- 
acted business.  Hence  we  may  conjecture,  that 
this  was  not  the  case  between  all  the  tribes,  and, 
probably,  that  each  spoke  the  language  of  the  na- 
tion to  which  it  was  attached;  which  we  know  to 
have  been  the  case  in  many  particular  instances. 
Very  possibly  there  may  have  been  anciently  three 
different  stocks,  each  of  which  multiplying  in  a 
long  course  of  time,  had  separated  into  so  many 
little  societies.  This  practice  results  from  the  circum- 
stance of  their  having  never  submitted  themselves 
to  any  laws,  any  coercive  power,  any  shadow  of 
government.  Their  only  controls  are  their  man- 
ners, and  that  moral  sense  of  right  and  wrong, 
which,  like  the  sense  of  tasting  and  feeling  in  every 
man,  makes  a  part  of  his  nature.  An  offence  against 
these  is  pimished  by  contempt,  by  exclusion  from 
society,  or,  where  the  case  is  serious,  as  that  of 
jsqurder,  by  the  individuals  whom  it  concerns.     Im- 

Notes  on  Virginia  i^9 

perfect  as  this  species  of  coercion  may  seem,  crimes 
are  very  rare  among  them;  insomuch  that  were  it 
made  a  question,  whether  no  law,  as  among  the 
savage  Americans,  or  too  much  law,  as  among  the 
civilized  Europeans,  submits  man  to  the  greatest 
evil,  one  who  has  seen  both  conditions  of  existence 
would  pronounce  it  to  be  the  last;  and  that  the 
sheep  are  happier  of  themselves,  than  under  care 
of  the  wolves.  It  will  be  said,  the  great  societies 
cannot  exist  without  government.  The  savages, 
therefore,  break  them  into  small  ones. 

The  territories  of  the  Powhatan  confederacy, 
south  of  the  Potomac,  comprehended  about  eight 
thousand  square  miles,  thirty  tribes,  and  two  thou- 
sand four  hundred  warriors.  Captain  Smith  tells 
us,  that  within  sixty  miles  of  Jamestown  were  five 
thousand  people,  of  whom  one  thousand  five  him- 
dred  were  warriors.  From  this  we  find  the  propor- 
tion of  their  warriors  to  their  whole  inhabitants,  was 
as  three  to  ten.  The  Powhatan  confederacy,  then, 
would  consist  of  about  eight  thousand  inhabitants, 
which  was  one  for  every  square  mile;  being  about 
the  twentieth  part  of  oiu*  present  population  in  the 
same  territory,  and  the  hundredth  of  that  of  the 
British  islands. 

Besides  these  were  the  Nottoways,  living  on  Notto- 
way river,  the  Meherrins  and  Tuteloes  on  Meherrin 
river,  who  were  connected  with  the  Indians  of  Caro- 
lina, probably  with  the  Chowanocs. 

VOL.  II— 9 




t       S«     8   S88         8S    S      S    S|    « 

9  g  8    i  S|  8  8SS38§«88g«8g  «  «888  !|t  S  S 

ft  I S  !    si 

11  Is 

i  I !  i  11  f  iMlliliBt M  |3ipil!  1 1 

I  i 



i  III 

-  'm 


'I'il  mi 

!  J 

I    1^^ 


Notes  on  Virginia  131 

The  preceding  table  contains  a  state  of  these  sev- 
eral tribes,  according  to  their  confederacies  and 
geographical  situation,  with  their  numbers  when 
we  first  became  acquainted  with  them,  where  these 
numbers  are  known.  The  numbers  of  some  of 
them  are  again  stated  as  they  were  in  the  year  1669, 
when  an  attempt  was  made  by  assembly  to  enum- 
erate them.  Probably  the  enumeration  is  imper- 
fect, and  in  some  measure  conjectural,  and  that  a 
further  search  into  the  records  would  furnish  many 
more  particulars.  What  would  be  the  melancholy 
sequel  of  their  history,  may,  however,  be  argued 
from  the  census  of  1669;  by  which  we  discover  that- 
the  tribes  therein  enumerated  were,  in  the  space  of 
sixty-two  years,  reduced  to  about  one-third  of  their 
former  numbers.  Spirituous  liquors,  the  small- 
pox, war,  and  an  abridgement  of  territory  to  a  peo- 
ple who  lived  principally  on  the  spontaneous  pro- 
ductions of  nature,  had  committed  terrible  havoc 
among  them,  which  generation,  imder  the  obstacles 
opposed  to  it  among  them,  was  not  likely  to  make 
good.  That  the  lands  of  this  country  were  taken 
from  them  by  conquest,  is  not  so  general  a  truth  as 
is  supposed.  I  find  in  our  historians  and  records, 
repeated  proofs  of  purchase,  which  cover  a  consid- 
erable part  of  the  lower  country;  and  many  more 
would  doubtless  be  found  on  further  search.  The 
upper  country,  we  know,  has  been  acquired— alto- 
gether acquired  by  purchases  made  in  the  most  un- 
exceptionable form. 

132  Jefferson's  Works 

Westward  of  all  these  tribes,  beyond  the  moun- 
tains, and  extending  to  the  great  lakes,  were  the 
Alaffawomees,  a  most  powerful  confederacy,  who 
harassed  unremittingly  the  Powhatans  and  Manna- 
hoacs.  These  were  probably  the  ancestors  of  tribes 
known  at  present  by  the  name  of  the  Six  Motions. 

Very  little  can  now  be  discovered  of  the  sub! 
quent  history  of  these  tribes  severally.  The  Chick- 
ahominies  removed  about  the  year  1661,  to  Matta- 
pony  river.  Their  chief,  with  one  from  each  of  the 
Pamunkies  and  Mattaponies,  attended  the  treaty 
of  Albany  in  16S5.  This  seems  to  have  been  the 
last  chapter  in  their  history.  They  retained,  how- 
ever, their  separate  name  so  late  as  1705,  and  were 
at  length  blended  with  the  Pamunkies  and  Matta- 
ponies, and  exist  at  present  only  under  their  names. 
There  remain  of  the  Alattaponies  three  or  four  men 
only,  and  have  more  negro  than  Indian  blood  in 
them.  They  have  lost  their  language,  have  reduced 
themselves,  by  voluntary  sales,  to  about  fifty  acres 
of  land,  which  lie  on  the  river  of  their  own  name, 
and  have  from  time  to  time,  been  joining  the 
Pamunkies,  from  whom  they  are  distant  but  ten 
miles.  The  Pamunkies  are  reduced  to  about  ten 
or  twelve  men,  tolerably  pure  from  mixture  with 
other  colors.  The  older  ones  among  them  preser\'e 
their  language  in  a  small  degree,  which  are  the  last 
vestiges  on  earth,  as  far  as  we  know,  of  the  Pow- 
hatan language.  They  have  about  three  hundred 
acres  of  very  fertile  land,  on  Pamunkey  river,  so 


Notes  on  Virginia  133 

encompassed  by  water  that  a  gate  shuts  in  the  whole. 
Of  the  NottowaySy  not  a  male  is  left.  A  few  women 
constitute  the  remains  of  that  tribe.  They  are 
seated  on  Nottoway  river,  in  Southampton  countrj', 
on  very  fertile  lands.  At  a  ver}''  early  period,  cer- 
tain lands  were  marked  out  and  appropriated  to  these 
tribes,  and  were  kept  from  encroachment  by  the 
authority  of  the  laws.  They  have  usually  had 
trustees  appointed,  whose  duty  was  to  watch  over 
their  interests,  and  guard  them  from  insult  and  injury. 
The  Monacans  and  their  friends,  better  known 
latterly  by  the  name  of  Tuscaroras,  were  probably 
connected  with  the  Massawomecs,  or  Five  Nations. 
For  though  we  are  told*  their  languages  were  so 
different  that  the  intervention  of  interpreters  was 
necessary  between  them,  yet  do  we  also  learn'  that 
the  Erigas,  a  nation  formerly  inhabiting  on  the 
Ohio,  were  of  the  same  original  stock  with  the  Five 
Nations,  and  that  they  partook  also  of  the  Tusca- 
rora  language.  Their  dialects  might,  by  long  sepa- 
ration, have  become  so  unlike  as  to  be  unintelligible 
to  one  another.  We  know  that  in  1712,  the  Five 
Nations  received  the  Tuscaroras  into  their  confed- 
eracy, and  made  them  the  Sixth  Nation.  They 
received  the  Meherrins  and  Tuteloes  also  into  their 
protection;  and  it  is  most  probable,  that  the  re- 
mains of  many  other  of  the  tribes,  of  whom  we 
find  no  particular  account,  retired  westwardly  in 

•  Smith. 

134  Jefferson's  Works 

like  manner,  and  were  incorporated  with  one  or 
the  other  of  the  western  tribes.  See  Apj^endix  (5). 
I  know  of  no  such  thing  existing  as  an  Indian 
monument;  for  I  would  not  honor  with  that  name 
arrow  points,  stone  hatchets,  stone  pipes,  and  half 
shapen  images.  Of  labor  on  the  large  scale,  I  think 
there  is  no  remain  as  respectable  as  would  be  a 
common  ditch  for  the  draining  of  lands;  unless 
indeed  it  would  be  the  barrows,  of  which  many  are 
to  be  found  all  over  this  country.  These  are  of 
different  sizes,  some  of  them  constructed  of  earth, 
and  some  of  loose  stones.  That  they  were  reposi- 
tories of  the  dead,  has  been  obvious  to  all;  but  on 
what  particular  occasion  constructed,  was  a  matter 
of  doubt.  Some  have  thought  they  covered  the 
bones  of  those  who  have  fallen  in  battles  fought  on 
the  spot  of  interment.  Some  ascribed  them  to  the 
custom,  said  to  prevail  among  the  Indians,  of  col- 
lecting, at  certain  periods,  the  bones  of  all  their 
dead,  wheresoever  deposited  at  the  time  of  death. 
Others  again  supposed  them  the  general  sepulchres 
for  towns,  conjectured  to  have  been  on  or  near 
these  grounds;  and  this  opinion  was  supported  by 
the  quality  of  the  lands  in  which  they  are  found, 
(those  constructed  of  earth  being  generally  in  the 
softest  and  most  fertile  meadow-grounds  on  river 
sides,)  and  by  a  tradition,  said  to  be  handed  down 
from  the  aboriginal  Indians,  that,  when  they  settled 
in  a  town,  the  first  person  who  died  was  placed 
erect,  and  earth  put  about  him,  so  as  to  cover  and 

Notes  on  Virginia  ^35 

support  him;  that  when  another  died,  a  narrow 
passage  was  dug  to  the  first,  the  second  reclined 
against  him,  and  the  cover  of  earth  replaced,  and 
so  on.  There  being  one  of  these  in  my  neighbor- 
hood, I  wished  to  satisfy  myself  whether  any,  and 
which  of  these  opinions  were  just.  For  this  piupose 
I  determined  to  open  and  examine  it  thoroughly. 
It  was  situated  on  the  low  grotmds  of  the  Rivanna, 
about  two  miles  above  its  principal  fork,  and  oppo- 
site to  some  hills,  on  which  had  been  an  Indian 
town.  It  was  of  a  spheroidical  form,  of  about 
forty  feet  diameter  at  the  base,  and  had  been  of 
about  twelve  feet  altitude,  though  now  reduced  by 
the  plough  to  seven  and  a  half,  having  been  tmder 
cultivation  about  a  dozen  years.  Before  this  it  was 
covered  with  trees  of  twelve  inches  diameter,  and 
round  the  base  was  an  excavation  of  five  feet  depth 
and  width,  from  whence  the  earth  had  been  taken 
of  which  the  hillock  was  formed.  I  first  dug  super- 
ficially in  several  parts  of  it,  and  came  to  collec- 
tions of  human  bones,  at  different  depths,  from  six 
inches  to  three  feet  below  the  surface.  These  were 
lying  in  the  utmost  confusion,  some  vertical,  some 
oblique,  some  horizontal,  and  directed  to  every 
point  of  the  compass,  entangled  and  held  together 
in  clusters  by  the  earth.  Bones  of  the  most  distant 
parts  were  found  together,  as,  for  instance,  the 
small  bones  of  the  foot  in  the  hollow  of  a  scull; 
many  sculls  would  sometimes  be  in  contact,  lying 
on  the  face,  on  the  side,  on  the  back,  top  or  bottom. 

13*  Jefferson's  Works 

so  as,  on  the  whole,  to  give  the  idea  of  bones  emptied 
promiscuously  from  a  bag  or  a  basket,  and  covered 
over  with  earth,  without  any  attention  to  their 
order.  The  bones  of  which  the  greatest  numbers 
remained,  were  sculls,  jaw-bones,  teeth,  the  bones 
of  the  arms,  thighs,  legs,  feet  and  hands.  A  few 
ribs  remained,  some  vertebra:  of  the  neck  and  spine, 
without  their  processes,  and  one  instance  only  of 
the  bone'  which  serves  as  a  base  to  the  vertebral 
column.  The  sculls  were  so  tender,  that  they  gen- 
erally fell  to  pieces  on  being  touched.  The  other 
bones  were  stronger.  There  were  some  teeth  which 
were  judged  to  be  smaller  than  those  of  an  adult ;  a 
scull,  which  on  a  slight  view,  appeared  to  be  that  of 
an  infant,  but  it  fell  to  pieces  on  being  taken  out, 
so  as  to  prevent  satisfactory  examination;  a  rib, 
and  a  fragment  of  the  under-jaw  of  a  person  about 
half  gi"own;  another  rib  of  an  infant;  and  a  part 
of  the  jaw  of  a  child,  which  had  not  cut  its  teeth. 
This  last  furnishing  the  most  decisive  proof  of  the 
burial  of  children  here,  I  was  particular  in  my  atten- 
tion to  it.  It  was  part  of  the  right  half  of  the  under- 
jaw.  The  processes,  by  which  it  was  attenuated  to 
the  temporal  bones,  were  entire,  and  the  bone  itself 
firm  to  where  it  had  been  broken  off,  which,  as 
nearly  as  I  could  judge,  was  about  the  place  of  the 
eye-tooth.  Its  upper  edge,  wherein  would  have 
been  the  sockets  of  the  teeth,  was  perfectly  smooth. 
Measuring  it  with  that  of  an  adult,  by  placing  their 

'  The  OS  sacrum. 

Notes  on  Virginia  137 

hinder  processes  together,  its  broken  end  extended 
to  the  penultimate  grinder  of  the  adult.     This  bone 
was  white,  all  the  others  of  a  sand  color.    The  bones 
of  infants  being  soft,  they  probably  decay  sooner, 
which  might  be  the  cause  so  few  were  found  here. 
I   proceeded    then    to    make    a    perpendicular    cut 
through  the  body  of  the  barrow,  that  I  might  exam- 
ine its  internal  structure.     This  passed  about  three 
feet  from  its  centre,  was  opened  to  the  former  surface 
of  the  earth,  and  was  wide  enough  for  a  man  to  walk 
through    and   examine   its   sides.     At   the   bottom, 
that  is,  on  the  level  of  the  circumjacent  plain,  ]. 
found  bones;  above   these  a  few  stones,   brought 
from  a  cliff  a  quarter  of  a  mile  off,  and  from  the  river 
one-eighth  of  a  mile  oft ;  then  a  large  interval  of  earth, 
then  a  stratum  of  bones,  and  so  on.     At  one  end  of 
the  section  were  four  strata  of  bones  plainly  dis- 
tinguishable; at  the  other,  three;     the  strata  in  one 
part  not  ranging  with  those  in  another.     The  bones 
nearest  the  surface  were  least  decayed.     No  holes 
were  discovered  in  any  of  them,  as  if  made  with 
bullets,    arrows,   or  other  weapons.     I   conjectured 
that  in  this  barrow  might  have  been  a  thousand 
skeletons.     Every  one  will  readily  seize  the  circum- 
stances above  related,  which  militate  against  the 
opinion,  that  it  covered  the  bones  only  of  persons 
fallen    in    battle;  and    against    the    tradition    also, 
which  would  make  it  the  common  sepulchre  of  a 
town,  in  which  the  bodies  were  placed  upright,  and 
touching  each  other.     Appearances  certainly  indi- 


Jefferson's  Works 


cate  that  it  has  derived  both  origin  and  growth 
from  the  accustomary  collection  of  bones,  and  depo- 
sition of  them  together;  that  the  first  collection 
had  been  deposited  on  the  common  surface  of  the 
earth,  a  few  stones  put  over  it,  and  then  a  covering 
of  earth,  that  the  second  had  been  laid  on  this,  had 
covered  more  or  less  of  it  in  proportion  to  the  num- 
ber of  bones,  and  was  then  also  covered  with  earth ; 
and  so  on.  The  following  are  the  particular  circum- 
stances which  give  it  this  aspect,  i.  The  number 
of  bones.  2.  Their  confused  position.  3.  Their 
being  in  different  strata.  4.  The  strata  in  one  part 
having  no  correspondence  with  those  in  another. 
5.  The  different  states  of  decay  in  these  strata, 
which  seem  to  indicate  a  difference  in  the  time  of 
inhumation.  6.  The  existence  of  infant  bones 
among  them. 

But  on  whatever  occasion  they  may  have  been 
made,  they  are  of  considerable  notoriety  among  the 
Indians;  for  a  party  passing,  about  thirty  years 
ago,  through  the  part  of  the  country  where  this 
barrow  is.  went  through  the  woods  directly  to  it, 
\vithout  any  instructions  or  inquiry',  and  having 
staid  about  it  for  some  time,  with  expressions  which 
were  construed  to  be  those  of  sorrow,  they  returned 
to  the  high  road,  which  they  had  left  about  half  a 
dozen  miles  to  pay  this  visit,  and  pursued  their 
journey.  There  is  another  barrow  much  resembling 
this,  in  the  low  grounds  of  the  south  branch  of  Shen- 
andoah, where  it  is  crossed  by  the  road  leading 

Notes  on  Virginia  139 

from  the  Rockfish  gap  to  Staunton.  Both  of  these 
have,  within  these  dozen  years,  been  cleared  of 
their  trees  and  put  under  cultivation,  are  much 
reduced  in  their  height,  and  spread  in  width,  by 
the  plough,  and  will  probably  disappear  in  time. 
There  is  another  on  a  hill  in  the  Blue  Ridge  of  moun- 
tains, a  few  miles  north  of  Wood's  gap,  which  is 
made  up  of  small  stones  thrown  together.  This 
has  been  opened  and  found  to  contain  human  bones, 
as  the  others  do.  There  are  also  many  others  in 
other  parts  of  the  country. 

Great  question  has  arisen  from  whence  came  those 
aboriginals  of  America  ?  Discoveries,  long  ago  made, 
were  sufl&cient  to  show  that  the  passage  from  Europe 
to  America  was  always  practicable,  even  to  the 
imperfect  navigation  of  ancient  times.  In  going 
from  Norway  to  Iceland,  from  Iceland  to  Green- 
land, from  Greenland  to  Labrador,  the  first  traject 
is  the  widest;  and  this  having  been  practised  from 
the  earliest  times  of  which  we  have  any  accotmt  of 
that  part  of  the  earth,  it  is  not  difficult  to  suppose 
that  the  subsequent  trajects  may  have  been  some- 
times passed.  Again,  the  late  discoveries  of  Captain 
Cook,  coasting  from  Kamschatka  to  California,  have 
proved  that  if  the  two  continents  of  Asia  and  Amer- 
ica be  separated  at  all,  it  is  only  by  a  narrow  strait. 
So  that  from  this  side  also,  inhabitants  may  have 
passed  into  America;  and  the  resemblance  between 
the  Indians  of  America  and  the  eastern  inhabitants 
of  Asia,  wotild  induce  us  to  conjecture,  that  the 

U©  Jefferson's  Works 

former  are  the  descendants  of  the  latter,  or  the  latter 
of  the  former;  excepting  indeed  the  Esquimaux, 
who,  from  the  same  circumstance  of  resemblance, 
and  from  identity  of  language,  must  be  derived 
from  the  Greenlanders,  and  these  probably  from 
some  of  the  northern  parts  of  the  old  continent.  A 
knowledge  of  their  several  languages  would  be  the 
most  certain  evidence  of  their  derivation  which 
could  be  produced.  In  fact,  it  is  the  best  proof  of 
the  affinity  of  nations  which  ever  can  be  referred  to. 
How  many  ages  have  elapsed  since  the  English,  the 
Dutch,  the  Germans,  the  Swiss,  the  Norwegians, 
Danes  and  Swedes  have  separated  from  their  com- 
mon stock?  Yet  how  many  more  must  elapse 
before  the  proofs  of  their  common  origin,  which 
exist  in  their  several  languages,  will  disappear?  It 
is  to  be  lamented  then,  very  much  to  be  lamented, 
that  we  have  suffered  so  many  of  the  Indian  tribes 
already  to  extinguish,  without  our  having  previously 
collected  and  deposited  in  the  records  of  literature, 
the  general  rudiments  at  least  of  the  languages  they 
spoke.  Were  vocabularies  formed  of  all  the  lan- 
guages spoken  in  North  and  South  America,  pre- 
serving their  appellations  of  the  most  common 
objects  in  nature,  of  those  which  must  be  present  to 
every  nation  barbarous  or  civilized,  with  the  inflec- 
tions of  their  nouns  and  verbs,  their  principles  of 
regimen  and  concord,  and  these  deposited  in  all  the 
public  libraries,  it  would  furnish  opportunities  to 
those  skilled  in  the  languages  of  the  old  world  to 

Notes  on  Virginia  141 

compare  them  with  these,  now,  or  at  any  future 
time,  and  hence  to  construct  the  best  evidence  of 
the  derivation  of  this  part  of  the  htunan  race. 

But  imperfect  as  is  our  knowledge  of  the  tongues 
spoken  in  America,  it  suffices  to  discover  the  follow- 
ing remarkable  fact:  Arranging  them  under  the 
radical  ones  to  which  they  may  be  palpably  traced, 
and  doing  the  same  by  those  of  the  red  men  of  Asia, 
there  will  be  fotmd  probably  twenty  in  America, 
for  one  in  Asia,  of  those  radical  languages,  so  called 
l)ecause  if  they  were  ever  the  same  they  have  lost 
all  resemblance  to  one  another.  A  separation  into 
dialects  may  be  the  work  of  a  few  ages  only,  but  for 
two  dialects  to  recede  from  one  another  till  they 
have  lost  all  vestiges  of  their  common  origin,  must 
require  an  immense  course  of  time;  perhaps  not 
less  than  many  people  give  to  the  age  of  the  earth. 
A  greater  number  of  those  radical  changes  of  Ian* 
guage  having  taken  place  among  the  red  men  of 
America,  proves  them  of  greater  antiquity  than  those 
of  Asia. 

I  will  now  proceed  to  state  the  nations  and  numbers 
of  the  Aborigines  which  still  exist  in  a  respectable 
and  independent  form.  And  as  their  undefined  bound- 
aries would  render  it  difficult  to  specify  those  only 
Vrhich  may  be  within  any  certain  limits,  and  it  may 
not  be  unacceptable  to  present  a  more  general  view 
of  them,  I  will  reduce  within  the  form  of  a  catalogue 
all  those  within,  and  circumjacent  to,  the  United 
States,  whose  names  and  numbers  have  come  to  my 

142  Jefferson's  Works 

notice.  These  are  taken  from  four  different  lists, 
the  first  of  which  was  given  in  the  year  1759  to  Gen- 
eral Stanwix  by  George  Croghan,  deputy  agent  for 
Indian  affairs  under  Sir  William  Johnson ;  the  second 
was  drawn  up  by  a  French  trader  of  considerable 
note,  resident  among  the  Indians  many  years,  and 
annexed  to  Colonel  Bouquet's  printed  accotmt  of  his 
expedition  in  1764.  The  third  was  made  out  by 
Captain  Hutchins,  who  visited  most  of  the  tribes, 
by  order,  for  the  piupose  of  learning  their  numbers, 
in  1768;  and  the  fourth  by  John  Dodge,  an  Indian 
trader,  in  1779,  except  the  numbers  marked*— which 
are  from  other  information. 

Notes  on  Virginia 



















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Jefferson's  Works 


1  i  !    I  I  I  li 

I    8   I        i   i   i   hi 
«    I   I   2   1    5        S    S    S  |?l 

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Ji    3    i    i  SiiSSit-i  6 

run  »m  JO  siimii  am  uimiM 

Notes  on  Virginia 


I         1 


■"ililasttll-sit'^ili-s    »■}    Is 

III!  I 

«  il^alJll 

pill  I 


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-Btns  pMiun  am  jo  t^imn  ai^t  uiqiTju 

146  Jefferson's  Works 




From  the  mouth  of  Ohio  to  the 

mouth  of  Wabash. 
On  the  Mississippi  below  the  Shak- 



The  following  tribes  are  also  mentioned: 

Lezar 400  "S 

Webings 200  "S 

Ousasoys. . . )  f  On  White  Creek,  a  branch  of  the 

Grand  Tuc.  j 1      Mississippi. 

Linways     1,000      On  the  Mississippi. 

Les  Puans 700      Near  Puans  Bay. 

Folle  Avoine 350      Near  Puans  Bay. 

Ouanakina 300 

Chiakanessou 350 

Machecous 800 

Souikilas 200 

Conjectured  to  be  tribes  of  the 

Minneamis 2,000 






North-west  of  Lake  Michigan,  to 
the  heads  of  Mississippi,  and  up 
to  Lake  Suj>erior. 

On  and  near  the  Wabash  toward 
the  Illinois. 

But  apprehending  these  might  be  different  appel- 
lations for  some  of  the  tribes  already  enumerated, 
I  have  not  inserted  them  in  the  table,  but  state  them 
separately  as  worthy  of  further  inquiry.  The  varia- 
tions observable  in  numbering  the  same  tribe  may 
sometimes  be  ascribed  to  imperfect  information, 
and  sometimes  to  a  greater  or  less  comprehension  of 
settlements  under  the  same  name.    See  Appendix  (7). 


A  notice  of  the  counties,  cities,  townships,  and  villages  f 

The  cotmties  have  been  enumerated  under  Query 
IX.     They   are  seventy-four  in   number,   of   very 

Notes  on  Virginia  ^47 

unequal  size  and  population.  Of  these  thirty-five 
are  on  the  tide  waters,  or  in  that  parallel;  twenty- 
three  are  in  the  midlands,  between  the  tide  waters 
and  Blue  Ridge  of  mountains;  eight  between  the 
Blue  Ridge  and  Alleghany;  and  eight  westward  of 
the  Alleghany. 

The  State,  by  another  division,  is  formed  into 
parishes,  many  of  which  are  commensurate  with  the 
counties;  but  sometimes  a  cotmty  comprehends 
more  than  one  parish,  and  sometimes  a  parish  more 
than  one  cotmty.  This  division  had  relation  to  the 
religion  of  the  State,  a  portion  of  the  Anglican 
church,  with  a  fixed  salary,  having  been  heretofore 
established  in  each  parish.  The  care  of  the  poor 
was  another  object  of  the  parochial  division. 

We  have  no  townships.     Our  cotmtry  being  much 
intersected  with  navigable  waters,  and  trade  brought 
generally  to  our  doors,  instead  of  our  being  obliged 
tx)  go  in  quest  of  it,  has  probably  been  one  of  the 
causes  why  we  have  no  towns  of  any  consequence. 
Williamsburg,  which,  till  the  year   1780,  was  the 
seat  of   our   government,    never   contained   above 
1,800  inhabitants;    and   Norfolk,   the  most  popu- 
lous town  we  ever  had,  contained  but  6,000.     Our 
towns,  but  more  properly  our  villages  and  hamlets, 
are  as  follows : 

On  James'  River  and  its  waters,  Norfolk,  Ports- 
mouth, Hampton,  Suifolk,  Smithfield»  Williams- 
burg, Petersburg,  Richmond,  the  seat  of  our  gov- 
tttiment,  Manchester,  Charlottesville,  New  London. 

148  Jefferson's  Works 

On  York  River  and  its  waters,  York,  Newcastle, 

On  Rappahannock,  Urbanna,  Port-Royal,  Fred- 
ericksburg, Falmouth. 

On  Polmnac  and  its  waters,  Dumfries,  ColchesteTjj 
Alexandria,  Winchester,  Staunton.  fl 

On  Ohio,  Louisville.  I 

There  are  other  places  at  which,  like  some  of  the 
foregoing,  the  laws  have  said  there  shall  be  towns; 
but  nature  has  said  there  shall  not,  and  they  remain 
unworthy  of  enumeration.  Norfolk  will  probably 
be  the  emporium  for  all  the  trade  of  the  Chesapeake 
bay  and  its  waters;  and  a  canal  of  eight  or  ten  miles 
will  bring  to  it  all  that  of  Albemarle  sound  and  its 
waters.  Secondary  to  this  place,  are  the  towns  at 
the  head  of  the  tide  waters,  to  wit,  Petersburg  on 
Appomattox;  Richmond  on  James'  river;  Newcastle 
on  York  river;  Alexandria  on  Potomac,  and  Balti- 
more on  Patapsco.  From  these  the  distribution 
will  be  to  subordinate  situations  in  the  country'. 
Accidental  circumstances,  however,  may  control 
the  indications  of  nature,  and  in  no  instance  do  they 
do  it  more  frequently  than  in  the  rise  and  fall  of 


The  constitution  of  the  State  and  its  several  charters  f 

Queen  Elizabeth  by  her  letters  patent,  bearing 

date  March  25,  1584,  licensed  Sir  Walter  Raleigh  to 


^^H^  Notes  on  Virginia  149 

search  for  remote  heathen  lands,  not  inhabited  by 
Christian  people,  and  granted  to  him  in  fee  simple, 
all  the  soil  within  two  hundred  leagues  of  the  places 
where  his  people  should,  within  six  years,  make 
their  dwellings  or  abidings;  reserving  only  to  her- 
self and  her  successors,  their  allegiance  and  one-fifth 
part  of  all  the  gold  and  silver  ore  they  should  obtain. 
Sir  Walter  immediately  sent  out  two  ships,  which 
visited  Wococon  island  in  North  Carolina,  and  the 
next  year  despatched  seven  with  one  hundred  and 
seven  men,  who  settled  in  Roanoke  island,  about 
latitude  35°  50'.  Here  Okisko,  king  of  the  Weopo- 
meiocs,  in  a  full  council  of  his  people  is  said  to  have 
acknowledged  himself  the  homager  of  the  Queen  of 
England,  and,  after  her,  of  Sir  Walter  Raleigh.  A 
supply  of  fifty  men  were  sent  in  1586,  and  one  hun- 
dred and  fifty  in  1587.  With  these  last  Sir  Walter 
sent  a  governor,  appointed  him  twelve  assistants, 
gave  them  a  charter  of  incorporation,  and  instructed 
them  to  settle  on  Chesapeake  bay.  They  landed, 
however,  at  Hatorask.  In  1588,  when  a  fleet  was 
ready  to  sail  with  a  new  supply  of  colonists  and 
necessaries,  they  were  detained  by  the  Queen  to 
assist  against  the  Spanish  armada.  Sir  Walter 
having  now  expended  £40,000  in  these  enterprises, 
obstructed  occasionally  by  the  crown  without  a 
shilling  of  aid  from  it,  was  under  a  necessity  of  en- 
gaging others  to  adventure  their  money.  He,  there- 
fore, by  deed  bearing  date  the  7th  of  March,  1589, 
by  the  name  of  Sir  Walter  Raleigh,  Chief  Governor 

15°  Jefferson's  Works 

of  Assam^cbmoc,  (probably  Acomkc.)  alias  Winga- 
dacoia,  alias  Virginia,  granted  to  Thomas  Smith 
and  others,  in  consideration  of  their  adventuring 
certain  sums  of  money,  liberty  to  trade  to  this  new 
country  free  from  all  customs  and  taxes  for  seven 
years,  excepting  the  fifth  part  of  the  gold  and  silver 
ore  to  be  obtained;  and  stipulated  with  them  and 
the  other  assistants,  then  in  Virginia,  that  he  would 
confirm  the  deed  of  incorporation  which  he  had 
given  in  1587,  with  all  the  prerogatives,  jurisdic- 
tions, royalties  and  privileges  granted  to  him  bv 
the  Queen.  Sir  Walter,  at  different  times,  sent 
five  other  adventurers  hither,  the  last  of  which 
was  in  1602;  for  in  1603  he  was  attainted  and  put 
into  close  imprisonment,  which  put  an  end  to  his 
cares  over  his  infant  colony.  What  was  the  par- 
ticular fate  of  the  colonists  he  had  before  sent  and 
seated,  has  never  been  known;  whether  they  were 
murdered,  or  incorporated  with  the  savages. 

Some  gentlemen  and  merchants,  supposing  that 
by  the  attainder  of  Sir  Walter  Raleigh  the  grant  to 
him  was  forfeited,  not  inquiring  over  carefully 
whether  the  sentence  of  an  English  court  could 
affect  lands  not  within  the  jurisdiction  of  that  court, 
^letitioned  king  James  for  a  new  grant  of  Virginia 
to  them.  He  accordingly  executed  a  grant  to  Sir 
Thomas  Gates  and  others,  bearing  date  the  9th  of 
March,  1607,  under  which,  in  the  same  year,  a  set- 
tlement was  effected  at  Jamestown,  and  ever  after 
maintained.     Of  this  grant,  however,  no  particular 

Notes  on  Virginia  iS^ 

notice  need  be  taken,  as  it  was  superseded  by  letters 
patent  of  the  same  king,  of  May  23,  1609,  to  the 
Earl  of  Salisbury  and  others,  incorporating  them 
by  the  name  of  "The  Treasurer  and  company  of 
Adventurers  and  Planters  of  the  City  of  London 
for  the  first  colony  in  Virginia,"  granting  to  them 
and  their  successors  all  the  lands  in  Virginia  from 
Point  Comfort  along  the  sea-coast,  to  the  northward 
two  hundred  miles,  and  from  the  same  point  along 
the  sea-coast  to  the  southward  two  hundred  miles, 
and  all  the  space  from  this  precinct  on  the  sea-coast 
up  into  the  land,  west  and  north-west,  from  sea  to 
sea,  and  the  islands  within  one  htmdred  miles  of  it, 
with  all  the  commtmities,  jurisdictions,  royalties, 
privileges,  franchises,  and  pre-eminencies,  within 
the  same,  and  thereto  and  thereabouts,  by  sea  and 
land,  appertaining  in  as  ample  manner  as  had  be- 
fore been  granted  to  any  adventurer;  to  be  held  of 
the  king  and  his  successors,  in  common  soccage, 
yielding  one-fifth  part  of  the  gold  and  silver  ore  to 
be  therein  fotind,  for  all  manner  of  services;  estab- 
lishing a  counsel  in  England  for  the  direction  of  the 
enterprise,  the  members  of  which  were  to  be  chosen 
and  displaced  by  the  voice  of  the  majority  of  the 
company  and  adventurers,  and  were  to  have  the 
nomination  and  revocation  of  governors,  officers, 
and  ministers,  which  by  them  should  be  thought 
needful  for  the  colony,  the  power  of  establishing 
laws  and  forms  of  government  and  magistracy,  ob- 
ligatory not  only  within  the  colony,  but  also  on  the 

Jefferson's  Works 


seas  in  going  and  coming  to  and  from  it;  authori* 
ing  them  to  carry  thither  any  persons  who  should.! 
consent  to  go,  freeing  them  forever  from  all  taxejfJ 
and  impositions  on  any  goods  or  merchandise  on* 
importations  into  the  colony,  or  exportation  out  oim 
it. -except  the  five  per  cent,  due  for  custom  on  a&v 
goods  imported  into  the  British  dominions,  accord-4^ 
ing  to  the  ancient  trade  of  merchants;  which  fiw 
per  cent,  only  being  paid  they  might,  within  thirtei 
months,  re-export  the  same  goods  into  foreign  parts,' 
without  any  custom,  tax,  or  other  duty,  to  the  king 
or  any  of  his  officers,  or  deputies;  with  powers  of 
waging  war  against  those  who  should  annoy  them ; 
giving  to  the  inhabitants  of  the  colony  all  the  right&J 
of  natural  subjects,  as  if  bom  and  abiding  in  Eng->| 
land;  and   declaring  that   these  letters  should 
construed,  in  all  doubtful  parts,  in  such  manner  t 
should  be  most  for  the  benefit  of  the  grantees. 

Afterwards  on  the  12th  of  March,  1612,  by  otha 
letters  patent,  the  king  added  to  his  former  granti 
all  islands  in  any  part  of  the  ocean  between  the  3otl 
and  41st  degrees  of  latitude,  and  within  three  hu 
dred  leagues  of  any  of  the  parts  before  granted  ■ 
the  treasurer  and  company,  not  being  possessed  ( 
inhabited  by  any  other  Christian  prince  or  statCj 
nor  within  the  limits  of  the  northern  colony. 

In  pursuance  of  the  authorities  given  to  the  coin-4 
pany  by  these  charters,  and  more  especially  of  thav 
part  in  the  charter  of  1609,  which  authorized  them 
to  establish  a  form  of  government,  they  on  the  24th 


^^^1^  Notes  on  Virginia  ^53 

of  July.  1621.  by  charter  under  their  common  seal, 
declared  that  from  thenceforward  there  should  be 
two  supreme  councils  in  Virginia,  the  one  to  be  called 
the  council  of  state,  to  be  placed  and  displaced  by  the 
treasurer,  council  in  England,  and  company  from 
time  to  time,  whose  office  was  to  be  that  of  assist- 
ing and  advising  the  governor;  the  other  to  be  called 
the  general  assembly,  to  be  convened  by  the  gov- 
ernor once  yearly  or  of  tencr,  which  was  to  consist  of 
the  council  of  state,  and  two  burgesses  out  of  every 
town,  hundred,  or  plantation,  to  be  respectively 
chosen  by  the  inhabitants.  In  this  all  matters  were 
to  be  decided  by  the  greater  part  of  the  votes  present ; 
reserving  to  the  governor  a  negative  voice;  and  they 
■were  to  have  power  to  treat,  consult,  and  conclude 
all  emergent  occasions  concerning  the  public  weal, 
and  to  make  laws  for  the  behoof  and  government  of 
the  colony,  imitating  and  following  the  laws  and 
policy  of  England  as  nearly  as  might  be;  providing 
that  these  laws  should  have  no  force  till  ratified  in  a 
general  court  of  the  company  in  England,  and  re- 
turned under  their  common  seal;  and  declaring 
that,  after  the  government  of  the  colony  should  be 
well  framed  and  settled,  no  orders  of  the  council  in 
England  should  bind  the  colony  unless  ratified  in  the 
said  general  assembly.  The  king  and  company  quar- 
relled, and  by  a  mixture  of  law  and  force,  the  latter 
were  ousted  of  all  their  rights  without  retribution, 
after  having  expended  one  hundred  thousand  pounds 
in  establishing  the  colony,  without  the  smallest  aid 

S54  Jefferson's  Works 

from  government.  King  James  suspended  their 
powers  by  proclamation  of  July  15,  1624,  and  Charles 
I.  took  the  government  into  his  own  hands.  Both 
sides  had  their  partisans  in  the  colony,  but,  in  truth, 
the  people  of  the  colony  in  general  thought  them- 
selves little  concerned  in  the  dispute.  There  being 
three  parties  interested  in  these  several  charters, 
what  passed  between  the  first  and  second,  it  was 
thought  could  not  affect  the  third.  If  the  king 
seized  on  the  powers  of  the  company,  they  only 
passed  into  other  hands,  without  increase  or  dimi- 
nution, while  the  rights  of  the  people  remained  as 
they  were.  But  they  did  not  remain  so  long.  The 
northern  parts  of  their  country  were  granted  away 
to  the  lords  Baltimore  and  Fairfax ;  the  first  of  these 
obtaining  also  the  rights  of  separate  jurisdiction  and 
government.  And  in  1650  the  parliament. considering 
itself  as  standing  in  the  place  of  their  deposed  king, 
and  as  having  succeeded  to  all  his  powers,  without 
as  well  as  within  the  realm,  began  to  assume  a  right 
over  the  colonies,  passing  an  act  for  inhibiting  their 
trade  with  foreign  nations.  This  succession  to  the 
exercise  of  kingly  authority  gave  the  first  color  for 
parliamentary  interference  with  the  colonies,  and 
produced  that  fatal  precedent  which  they  continued 
to  follow,  after  they  had  retired,  in  other  respects, 
within  their  proper  functions.  When  this  colony, 
therefore,  which  still  maintained  its  opposition  to 
Cromwell  and  the  parliament,  was  induced  in  1651 
to  lay  down  their  arms,   they  previously  secured 

Notes  on  Virginia  iS5 

their  most  essential  rights  by  a  solemn  convention, 
which,  having  never  seen  in  print,  I  will  here  insert 
literally  from  the  records. 

"ARTICLES  agreed  on  and  concluded  at  James  Cittie  in  Virginia 
for  the  surrendering  and  settling  of  that  plantation  under  the  obedi- 
ence and  government  of  the  commonwealth  of  England  by  the  com- 
missioners of  the  Councill  of  State  by  authoritie  of  the  parliamt  of  Eng- 
land, and  by  the  Grand  assembly  of  the  Govemour,  Councill,  and 
Burgesses  of  that  countrey. 

**  First  it  is  agreed  and  consted  that  the  plantation  of  Virginia,  and 
all  the  inhabitants  thereof,  shall  be  and  remain  in  due  obedience  and 
subjection  to  the  Commonwealth  of  England,  according  to  the  laws 
there  established,  and  that  this  submission  and  subscription  bee  ac- 
knowledged a  voluntary  act  not  forced  nor  constrained  by  a  conquest 
upon  the  countrey,  and  that  they  shall  have  and  enjoy  such  freedoms 
and  priviledges  as  belong  to  the  free  borne  people  of  England,  and 
that  the  former  government  by  the  Commissions  and  Instructions  be 
void  and  null. 

"aly.  That  the  Grand  assembly  as  formerly  shall  convene  and 
transact  the  affairs  of  Virginia,  wherein  nothing  is  to  be  acted  or  done 
contrairie  to  the  government  of  the  Commonwealth  of  England  and 
the  lawes  there  established. 

**3ly.  That  there  shall  be  a  full  and  totall  remission  and  indempnitie 
of  all  acts,  words,  or  writeings  done  or  spoken  against  the  parliament 
of  England  in  relation  to  the  same. 

"4ly.  That  Virginia  shall  have  and  enjoy  the  anticnt  bounds  and 
lymitts  granted  by  the  charters  of  the  former  kings,  and  that  we  shall 
seek  a  new  charter  from  the  parliament  to  that  purpose  against  any 
that  have  intrencht  upon  the  rights  thereof. 

**  5ly.  That  all  the  pattents  of  land  granted  under  the  colony  seal 
by  any  of  the  precedent  govemours  shall  be  and  rcmainc  in  their  full 
force  and  strength. 

**6ly.  That  the  priviledge  of  haveing  Hiftie  acres  of  land  for  every 
person  transported  in  that  collonie  shall  continue  as  formerly  granted. 

**  7ly.  That  the  people  of  Virginia  have  free  trade  as  the  pe^rplc  of 
England  do  enjoy  to  all  places  and  with  all  nations  accr^rding  U)  the 
lawes  of  that  commonwealth,  and  that  Virginia  shall  enjoy  all  privi- 
ledges eqtiall  with  any  English  plantatif>ns  in  America. 

"8ly.  That  Virginia  shall  be  free  (rfftn  all  taxes,  cusUjms  and  impo- 
sitions whatsoever,  and  none  to  be  imposed  on  them  without  consent 


Jefferson's  Works 

of  the  Grand  assembly;  and  soe  that  neither  fforts  nor  caatla 
erected  or  garrisons  maintained  without  their  consent. 

"gly.  That  noe  charge  shall  be  required  from  this  country  in  ro» 
spect  of  this  present  flieet. 

"loly.  That  for  the  future  settlement  of  the  countrey  in  their  due 
obedience,  the  engaKement  shall  be  tendred  to  all  the  inhabitants  ac- 
cording to  act  of  parliament  made  to  that  purpose,  that  all  persons 
who  shall  refuse  to  subscribe  the  said  engagement,  shall  have  a  yeare's 
time  if  they  please  to  remove  themselves  and  their  estates  out  of  Vir- 
ginia, and  in  the  meantime  during  the  said  ycare  to  have  equall  justice 
as  formerly, 

"  I  ily.  That  the  use  of  the  bookc  of  common  prayer  shall  be  pet-. 
mitled  for  ore  yeare  ensueinge  with  referrence  to  the  consent  of  tlwl 
major  part  of  the  parishes,  provided  that  those  which  relate  to  kiny 
shipp  or  that  government  be  not  used  publiquely.  and  the  continuance 
of  ministers  in  their  places,  they  not  misdemeaning  themselves,  and 
the  payment  of  their  accustomed  dues  and  agreements  made  with 
them  respectively  shall  be  left  as  they  now  stand  durrang  this  ensue- 
ing  yeare. 

"  Illy,  That  no  man's  cattell  shall  be  questioned  as  the  compami^^ 
unless  such  as  been  entrusted  with  them  or  have  disposed 
them  without  order, 

"  I  jly.  That  all  ammunition,  powder  and  armes,  other  than  for 
vate  use.  shall  be  delivered  up,  securitie  being  given  to  make  satii 
tion  for  it, 

"i4ly.  That  all  goods  allreadie  brought  hither  by  the  Dutch  or 
others  which  are  now  on  shoar  shall  be  free  from  surpriaall. 

"  isly.  That  the  quittrenta  granted  unto  us  by  the  late  kinge  for 
seaven  yeares  bee  confirmed. 

"  i61y.  That  the  commissioners  for  the  parliament  subscri being  these 
articles  engage  themselves  and  the  honour  of  parliament  for  the  full 
performance  thereof;  and  that  the  present  govemour,  and  the  councill, 
and  the  burgesses  do  likewise  subscribe  and  engage  the  whole  coUony 
on  their  parts. 

Richard  Bennett, — Scale. 


Edmond  Curtis. — Seale. 

"  Thcise  articles  were  signed  and  sealed  by  the  Commissioners  of  tlie 
Councill  of  state  for  the  Commonwealth  of  England  the  twelvetb  day 
of  March  1651." 

Notes  on  Virginia  ^57 

Then  follow  the  articles  stipulated  by  the  governor 
and  council,  which  relate  merely  to  their  own  per- 
sons and  property,  and  then  the  ensuing  instrument: 

"An  act  of  indetnpnilie  made  att  the  surrender  of  the  counlrey. 
"Whereas,  by  the  authoritie  of  the  parliament  wee  the  cotnniis- 
Stoners  appointed  by  the  council]  of  state  authorized  thereto,  having 
brought  a  ffleet  and  force  before  James  dttie  in  Virginia  to  reduce  that 
collonie  under  the  obedience  of  the  commonwealth  of  England,  and 
finding  force  raised  by  the  Govemour  and  countrey  to  make  opposition 
against  the  said  ffleet,  whereby  assured  danger  appearinge  of  the  ruine 
and  destruction  of  the  plantation,  for  prevention  whereof  the  bur- 
gesses of  all  the  several!  plantations  being  called  to  advise  and  assist 
therrin,  uppon  long  and  serious  debate,  and  in  sad  contemplation  of 
the  great  miseries  and  certain  destruction  which  were  soe  neerely  hov- 
ering over  the  whole  countrey;  Wee  the  said  Commissioners  have 
thought  fitt  and  condescending  and  granted  to  stgne  and  confirme 
under  our  hands,  scales  and  by  our  oath,  Articles  bearinge  date  with 
theise  presents,  and  do  further  declare  that  by  the  authoritie  of  the 
parliament  and  commonwealth  of  England  derived  unto  us  their  com- 
missioners, that  according  to  the  articles  in  general!  wee  have  granted 
an  act  of  indempniticandobhvion  toall  the  inhabitants  of  this  collonie 
from  all  words,  actions,  or  writings  that  have  been  spoken  acted  or 
wfritt  against  the  parliament  or  commonwealth  of  England  or  any 
other  person  from  the  beginning  of  the  world  to  this  daye.  And  this 
■we  have  done  that  all  the  inhabitants  of  the  collonie  may  live  quietly 
and  securely  under  the  commonwealth  of  England.  And  we  do  prom- 
ise that  the  parliament  and  commonwealth  of  England  shall  confirm 
and  make  good  all  those  transactions  of  ours.  Witness  our  hands  and 
scales  this  13th  of  March  1651. 

Richard  Bbnnbtt. — Seale. 

William  Claibornb. — Seale. 

Eduomd  Curtis. — Seale." 

The  colony  supposed,  that,  by  this  solemn  con- 
vention, entered  into  with  arms  in  their  hands,  they 
had  secured  the  ancient  limits'  of  their  country,  its 
free  trade,'  its    exemption   from   taxation'  but  by 
'  Art.  4.  •  Art.  j.  'Art.  8. 


Jefferson's  Works 

their  own  assembly,  and  exclusion  of  military  fora 
from  among  them.     Yet  in  every  of  these  points  wa 
this  convention  violated  by  subsequent  kings  and-l 
parliaments,  and  other  infractions  of  their  constitu-,, 
tion,  equally  dangerous  committed.     Their  general! 
assembly,   which  was  composed  of  the  council 
state  and  burgesses,  sitting  together  and  decidin^'l 
by  plurality  of  voices,  was  split  into  two  houses,  by-J 
which  the  council  obtained  a  sejiarate  negative  otf 
their  laws.     Appeals  from  their  supreme  court,  whicllfl 
had  been  fixed  by  law  in  their  general  assembly,^ 
were  arbitrarily  revoked  to  England,  to  be  the 
heard  before  the  king  and  council.     Instead  of  fou 
hundred  miles  on  the  seacoast,  they  were  reduced^ 
in  the  space  of  thirty  years,  to  about  one  hundn 
miles.     Their    trade    with    foreigners    was    totally 
suppressed,  and  when  carried  to  Great  Britain,  was 
there  loaded  with  imposts.     It  is  unnecessary,  how- 
ever, to  glean  up  the  several  instances  of  injury, 
scattered   through   American   and   British   historyj 
and  the  more  especially  as,  by  passing  on  to  ' 
accession  of  the  present  king,  we  shall  find  specimei 
of  them  all,  aggravated,  multiplied  and  crowd© 
within  a  small  compass  of  time,  so  as  to  evince  i 
fixed  design  of  considering  our  rights  natural,  con*1 
ventional    and   chartered    as    mere   nullities.     The  ' 
following  is  an  epitome  of  the  first  sixteen  years  of 
his  reign:  The  colonies  were  taxed  internally  and 
externally;  their    essential    interests    sacrificed 

Lcrificed    to^H 

Notes  on  Virginia  i59 

individuals  in  Great  Britain;  their  legislatures  sus- 
pended;  charters  annulled;   trials  by  jiuies  taken 
away;    their  persons   subjected    to   transportation 
across   the   Atlantic,    and   to   trial   before   foreign 
judicatories ;  their  supplications  for  redress  thought 
beneath  answer;  themselves  published  as  cowards 
in  the  coimcils  of  their  mother  coimtry  and  courts 
of  Europe ;  armed  troops  sent  among  them  to  enforce 
submission  to  these  violences ;  and  actual  hostilities 
commenced    against    them.      No    alternative   was 
presented  but  resistance,  or  unconditional  submission. 
Between  these  could  be  no  hesitation.     They  closed 
in  the  appeal  to  arms.     They  declared  themselves 
independent    states.     They   confederated    together 
into  one   great   republic;   thus   securing   to   every 
State  the  benefit  of  an  union  of  their  whole  force. 
In  each  State  separately  a  new  form  of  government 
was  established.     Of  ours  particularly  the  following 
are  the  outlines:  The  executive  powers  are  lodged 
in  the  hands  of  a  governor,  chosen  annually,  and 
incapable  of  acting  more  then  three  years  in  seven. 
He  is  assisted  by  a  coimcil  of  eight  members.    The 
judiciary  powers  are  divided  among  several  courts, 
as  will  be  hereafter  explained.     Legislation  is  exer- 
cised by  two  houses  of  assembly,  the  one  called  the 
house  of  Delegates,  composed  of  two  members  from 
each  coimty,  chosen  annually  by  the  citizens,  pos- 
sessing an  estate  for  life  in  one  hundred  acres  of 
uninhabited  land,  or  twenty-five  acres  with  a  house 
on  it,  or  in  a  house  or  lot  in  some  town :  the  other 

*6o  Jefferson's  Works 

called  the  Senate,  consisting  of  twenty-four  mem- 
bers, chosen  quadrenially  by  the  same  electors,  who 
for  this  purpose  are  distributed  into  twenty-four 
districts.  The  concurrence  of  both  houses  is  neces- 
sary to  the  passage  of  a  law.  They  have  the  ap- 
pointment of  the  governor  and  council,  the  judges 
of  the  superior  courts,  auditors,  attorney-general, 
treasurer,  register  of  the  land  office,  and  delegates 
to  Congress.  As  the  dismemberment  of  the  State 
had  never  had  its  confirmation,  but,  on  the  con- 
trary, had  always  been  the  subject  of  protestation 
and  complaint,  that  it  might  never  be  in  our  own 
power  to  raise  scruples  on  that  subject,  or  to  disturb 
the  harmony  of  our  new  confederacy,  the  grants 
to  Maryland,  Pennsylvania,  and  the  two  Carolinas, 
were  ratified. 

This  constitution  was  formed  when  we  were  new 
and  unexperienced  in  the  science  of  government.  It 
was  the  first,  too,  which  was  formed  in  the  whole 
United  States.  No  wonder  then  that  time  and  trial 
have  discovered  very  capital  defects  in  it. 

1.  The  majority  of  the  men  in  the  State,  who  pay 
and  fight  for  its  support,  are  unrepresented  in  the 
legislature,  the  roll  of  freeholders  entitled  to  vote 
not  including  generally  the  half  of  those  on  the  roll 
of  the  mihtia,  or  of  the  tax-gatherers. 

2.  Among  those  who  share  the  representation,  the 
shares  are  very  unequal.  Thus  the  county  of  War- 
wick, with  only  one  hundred  fighting  men,  has  an 
equal  representation  with  the  county  of  Loudon, 


Notes  on  Virginia  i6i 

which  has  one  thousand  seven  hundred  and  forty- 
six.  So  that  every  man  in  Warwick  has  as  much 
influence  in  the  government  as  seventeen  men  in 
Loudon.  But  lest  it  should  be  thought  that  an 
equal  interspersion  of  small  among  large  counties, 
through  the  whole  State,  may  prevent  any  danger 
of  injury  to  particular  parts  of  it,  we  will  divide  it 
into  districts,  and  show  the  proportions  of  land,  of 
fighting  men,  and  of  representation  in  each : 

Between  the  sea-coast  and  falls  of 

the  rivers '11,205      x9tOza         7:  za 

Between  the  falls  of  the  rivers  and 

Blue  Ridge  of  mountains iS»759      i8,8a8         46  8 

Between  the  Blue  Ridge  and  the 

Alleghany 11.91X        7>673  '^  * 

Between  the  Alleghany  and  Ohio  '79,650       4,458         z6  a 

Total  121,525     49.971        149  «4 

An  inspection  of  this  table  will  supply  the  place 
of  commentaries  on  it.  It  will  appear  at  once  that 
nineteen  thousand  men,  living  below  the  falls  of  the 
rivers,  possess  half  the  senate,  and  want  four  mem- 
bers only  of  possessing  a  majority  of  the  house  of 
delegates ;  a  want  more  than  supplied  by  the  vicinity 
of  their  situation  to  the  seat  of  government,  and  of 
course  the  greater  degree  of  convenience  and  punc- 
tuality with  which   their   members   may  and   will 

'  Of  these  542  are  on  the  eastern  shore. 

'  Of  these,  22,616  are  eastward  of  the  meridian  of  the  north  of  the 
Great  Kanhaway. 

VOL.  n — 1 1 


Jefferson's  Works 


attend  in  the  legislature.  These  nineteen  thousand, 
therefore,  living  in  one  part  of  the  coiintr>%  give  law 
to  upwards  of  thirty  thousand  living  in  another, 
and  appoint  all  their  chief  officers,  executive  and 
judiciary.  From  the  difference  of  their  situation 
and  circumstances,  their  interests  will  often  be 
very  different. 

3,  The  senate  is,  by  its  constitution,  too  homo- 
geneous with  the  house  of  delegates.  Being  chosen 
by  the  same  electors,  at  the  same  time,  and  out  of 
the  same  subjects,  the  choice  falls  of  course  on  men 
of  the  same  description.  The  purpose  of  estab- 
lishing different  houses  of  legislation  is  to  introduce 
the  influence  of  different  interests  or  different  prin- 
ciples. Thus  in  Great  Britain  it  is  said  their  con- 
stitution relies  on  the  house  of  commons  for  honesty, 
and  the  lords  for  wisdom;  which  would  l>e  a  rational 
reliance,  if  honesty  were  to  be  bought  with  money, 
and  if  wisdom  were  hereditary.  In  some  of  the 
American  States,  the  delegates  and  senators  are  so 
chosen,  as  that  the  first  represent  the  persons,  and 
the  second  the  property  of  the  State.  But  with  us, 
wealth  and  wisdom  have  equal  chance  for  admission 
into  both  houses.  We  do  not,  therefore,  derive 
from  the  separation  of  our  legislature  into  two 
houses,  tliose  benefits  which  a  proper  complication 

•  of  principles  are  capable  of  producing,  and  those 
which  alone  can  compensate  the  evils  which  may 
be  produced  by  their  dissensions. 

4.  All    the    powers    of    government,    legislative, 

Notes  on  Virginia  163 

executive,  and  judiciary,  result  to  the  legislative 
body.  The  concentrating  these  in  the  same  hands 
is  precisely  the  definition  of  despotic  government. 
It  will  be  no  alleviation  that  these  powers  will  be 
exercised  by  a  pliu'ality  of  hands,  and  not  by  a  single 
one.  One  himdred  and  seventy-three  despots  would 
surely  be  as  oppressive  as  one.  Let  those  who 
doubt  it  turn  their  eyes  on  the  republic  of  Venice. 
As  little  will  it  avail  us  that  they  are  chosen  by  oiu"- 
selves.  An  elective  despotism  was  not  the  govem- 
nient  we  fought  for,  but  one  which  should  not  only 
be  foimded  on  free  principles,  blit  in  which  the  pow- 
ers of  government  should  be  so  divided  and  balanced 
among  several  bodies  of  magistracy,  as  that  no  one 
could  transcend  their  legal  limits,  without  being 
effectually  checked  and  restrained  by  the  others. 
For  this  reason  that  convention  which  passed  the 
ordinance  of  government,  laid  its  foundation  on  this 
basis,  that  the  legislative,  executive,  and  judiciary 
departments  should  be  separate  and  distinct,  so  that 
no  person  should  exercise  the  powers  of  more  than 
one  of  them  at  the  same  time.  But  no  barrier  was 
provided  between  these  several  powers.  The  judi- 
ciary and  executive  members  were  left  dependent 
on  the  legislative,  for  their  subsistence  in  office,  and 
some  of  them  for  their  continuance  in  it.  If,  there- 
fore, the  legislatiu'e  assiunes  executive  and  judiciary 
powers,  no  opposition  is  likely  to  be  made;  nor,  if 
niade,  can  it  be  effectual ;  because  in  that  case  they 
may  put  their  proceedings  into  the  form  of  an  act 

'M  Jefferson's  Works 

of  assembly,  which  will  render  them  obligatory  on 
the  other  branches.  They  have,  accordingly,  in 
many  instances,  decided  rights  which  should  have 
been  left  to  judiciary  controversy;  and  the  direc- 
tion of  the  executive,  during  the  whole  time  of  their 
session,  is  becoming  habitual  and  familiar.  And 
this  is  done  with  no  ill  intention.  The  views  of  the 
present  members  are  perfectly  upright.  When  they 
are  led  out  of  their  regular  province,  it  is  by  art  in 
others,  and  inadvertence  in  themselves.  And  this 
will  probably  be  the  case  for  some  time  to  come. 
But  it  will  not  be  a  very  long  time.  Mankind  soon 
learn  to  make  interested  uses  of  every  right  and 
power  which  they  possess,  or  may  assume.  The 
public  money  and  public  liberty,  intended  to  have 
been  deposited  with  three  branches  of  magistracy, 
but  found  inadvertently  to  be  in  the  hands  of  one 
only,  will  soon  be  discovered  to  be  sources  of  wealth 
and  dominion  to  those  who  hold  them ;  distinguished, 
too,  by  this  tempting  circumstance,  that  they  are 
the  instrument,  as  well  as  the  object  of  acquisition. 
With  money  we  will  get  men,  said  Cjesar,  and  with 
men  we  will  get  money.  Nor  should  our  assembly 
be  deluded  by  the  integrity  of  their  own  purposes, 
and  conclude  that  these  unlimited  powers  will  never 
be  abused,  because  themselves  are  not  disposed  to 
abuse  them.  They  should  look  forward  to  a  time, 
and  that  not  a  distant  one,  when  a  corruption  in 
this,  as  in  the  country  from  which  we  derive  our 
origin,  will  have  seized  the  heads  of  government, 

Notes  on  Virginia  165 

and  be  spread  by  them  through  the  body  of  the 
people;  when  they  will  purchase  the  voices  of  the 
people,  and  make  them  pay  the  price.  Human 
nature  is  the  same  on  every  side  of  the  Atlantic, 
and  will  be  alike  influenced  by  the  same  catises. 
The  time  to  guard  against  corruption  and  tyranny, 
is  before  they  shall  have  gotten  hold  of  us.  It  is 
better  to  keep  the  wolf  out  of  the  fold,  than  to  trust 
to  drawing  his  teeth  and  claws  after  he  shall  have 
entered.  To  render  these  considerations  the  more 
cogent,  we  must  observe  in  addition : 

S-  That  the  ordinary  legislature  may  alter  the 
constitution  itself.     On  the  discontinuance  of  assem- 
blies, it  became  necessary  to  substitute  in  their 
place  some  other  body,  competent  to  the  ordinary 
business  of  government,  and  to  the  calling  forth  the 
powers  of  the  State  for  the  maintenance  of  our 
opposition    to    Great    Britain.     Conventions    were 
therefore  introduced,   consisting  of  two  delegates 
from  each  county,  meeting  together  and  forming 
one  house,  on  the  plan  of  the  former  house  of  bur- 
gesses, to  whose  places  they  succeeded.     These  were 
at  first  chosen  anew  for  every  particular  session. 
But  in  March  1775,  they  recommended  to  the  people 
to  choose  a  convention,  which  should  continue  in 
office  a  year.    This  was  done,  accordingly,  in  April 
1775,  and  in  the  July  following  that  convention 
passed  an  ordinance  for  the  election  of  delegates  in 
the  month  of  April  annually.     It  is  well  known, 
that  in  July  1775,  a  separation  from  Great  Britain 

i66  Jefferson's  Works 

and  establishment  of  republican  government,  had 
never  yet  entered  into  any  person's  mind.  A  con- 
vention, therefore,  chosen  under  that  ordinance, 
cannot  be  said  to  have  been  chosen  for  the  purposes 
which  certainly  did  not  exist  in  the  minds  of  those 
who  passed  it.  Under  this  ordinance,  at  the  annual 
election  in  April  1776,  a  convention  for  the  year  was 
chosen.  Independence,  and  the  establishment  of 
a  new  form  of  government,  were  not  even  yet  the 
objects  of  the  people  at  large.  One  extract  from 
the  pamphlet  called  Common  Sense  had  appeared 
in  the  Virginia  papers  in  February,  and  copies  of 
the  pamphlet  itself  had  got  in  a  few  hands.  But 
the  idea  had  not  been  opened  to  the  mass  of  the 
people  in  April,  much  less  can  it  be  said  that  they 
had  made  up  their  minds  in  its  favor. 

So  that  the  electors  of  April  1776,  no  more  than 
the  legislators  of  July  1775,  not  thinking  of  inde- 
pendence and  a  pennanent  republic,  could  not  mean 
to  vest  in  these  delegates  powers  of  establishing 
them,  or  any  authorities  other  than  those  of  the 
ordinary  legislature.  So  far  as  a  temporary  organi- 
zation of  government  was  necessary  to  render  our 
opposition  energetic,  so  far  their  organization  was 
valid.  But  they  received  in  their  creation  no  powers 
but  what  were  given  to  every  legislature  before  and 
since.  They  could  not,  therefore,  pass  an  act  trans- 
cendent to  the  powers  of  other  legislatures.  If  the 
present  assembly  pass  an  act,  and  declare  it  shall 
be  irrevocable  by  subsequent  assemblies,  the  decla- 

Notes  on  Virginia  '67 

ration  is  merely  void,  and  the  act  repealable,  as  other 
acts  are.  So  far,  and  no  farther  authorized,  they 
organized  the  government  by  the  ordinance  entitled 
a  constitution  or  form  of  government.  It  pretends 
to  no  higher  authority  than  the  other  ordinances  of 
the  same  session;  it  does  not  say  that  it  shall  be 
perpetual;  that  it  shall  be  unalterable  by  other 
legislatures;  that  it  shall  be  transcendent  above 
the  powers  of  those  who  they  knew  would  have  equal 
power  with  themselves.  Not  only  the  silence  of  the 
instrument  is  a  proof  they  thought  it  would  be 
alterable,  but  their  own  practice  also;  for  this  very 
convention,  meeting  as  a  house  of  delegates  in  gen- 
eral assembly  with  the  Senate  in  the  autumn  of  that 
year,  passed  acts  of  assembly  in  contradiction  to 
their  ordinance  of  government;  and  every  assembly 
from  that  time  to  this  has  done  the  same.  I  am 
safe,  therefore,  in  the  position  that  the  constitution 
itself  is  alterable  by  the  ordinary  legislature.  Though 
this  opinion  seems  founded  on  the  first  elements  of 
common  sense,  yet  is  the  contrary  maintained  by 
some  persons,  r.  Because,  say  they,  the  conven- 
tions were  vested  with  every  power  necessary  to 
make  effectual  opposition  to  Great  Britain.  But 
to  complete  this  argument,  they  must  go  on,  and 
say  further,  that  effectual  opposition  could  not  be 
made  to  Great  Britain  without  establishing  a  form 
of  government  perpetual  and  unalterable  by  the 
legislature;  which  is  not  true.  An  opposition  which 
at  some  time  or  other  was  to  come  to  an  end,  could 


Jefferson's  Works 

not  need  a  perpetual  institution  to  carry  it  on;  i 
a  government  amendable  as  its  defects  should 
discovered,  was  as  likely  to  make  effectual  resist- 
ance, as  one  that  should  be  unalterably  wrong. 
Besides,  the  assemblies  were  as  much  vested  with 
all  powers  requisite  for  resistance  as  the  conventions 
were.  If,  therefore,  these  powers  included  that  of 
modelling  the  form  of  government  in  the  one  case, 
they  did  so  in  the  other.  The  assemblies  then  as 
well  as  the  conventions  may  model  the  government; 
that  is,  they  may  alter  the  ordinance  of  government. 
2.  They  urge,  that  if  the  convention  had  meant  that 
this  instrument  should  be  alterable,  as  their  other 
ordinances  were,  they  would  have  called  it  an  ordi-: 
nance;  but  they  have  called  it  a  constitution,  which,' 
ex  vi  termini,  means  "an  act  above  the  power  of 
the  ordinary  legislature."  I  answer  that  consti- 
tutio,  constilutium,  statutum,  lex,  are  convertible 
terms.  "Constitutio  dicitur  jus  quod  a  principe 
conditure."  "  Constitutium,  quod  ab  imperatoribus 
rescriptum  statutumve  est."  "Statutum,  idem  quod 
lex."  Calvini  Lexicon  juridicum.  Constitution  and 
statute  were  originally  terms  of  the'  civil  law,  and 
from  thence  introduced  by  ecclesiastics  into  the  Enj 
lish  law.  Thus  in  the  statute  35  Hen.  VIII.  c.  19,  § 
"Constitutions  and  ordinances"  are  used  as  synony 
mous.  The  term  constitution  has  many  other  sig- 
nifications in  physics  and  politics;  but  in  jurispru- 

he  ancient  le^slative  word  of  the  E 
LI.  Inse.     LI.  Efulwerdi.     LI.  AathelstanL  1 


e  Engltsh.     l<d^| 
AathelstuiL  ^^H 

Notes  on  Virginia  169 

dence,  whenever  it  is  applied  to  any  act  of  the  legis- 
lature, jt  invariably  means  a  statute,  law,  or  ordinance 
which  is  the  present  case.  No  inference  then  of  a 
different  meaning  can  be  drawn  from  the  adoption 
of  this  title;  on  the  contrary,  we  might  conclude 
that,  by  their  affixing  to  it  a  term  synonymous  with 
ordinance  or  statute.  But  of  what  consequence  is 
their  meaning,  where  their  power  is  denied?  If 
they  meant  to  do  more  than  they  had  power  to  do, 
did  this  give  them  power?  It  is  not  the  name,  but 
the  authority  that  renders  an  act  obligatory.  Lord 
Coke  says,  "an  article  of  the  statute,  11  R.  II.  c.  5, 
that  no  person  shoidd  attempt  to  revoke  any  ordi- 
nance then  made,  is  repealed,  for  that  such  restraints 
is  against  the  jurisdiction  and  power  of  the  parlia- 
ment." 4.  Inst.  42.  And  again,  "though  divers 
parliaments  have  attempted  to  restrain  subsequent 
parliaments,  yet  could  they  never  effect  it;  for  the 
latter  parliament  hath  ever  power  to  abrogate, 
suspend,  qualify,  explain,  or  make  void  the  former 
in  the  whole  or  in  any  part  thereof,  notwithstanding 
any  words  of  restraint,  prohibition,  or  penalty,  in 
the  former ;  for  it  is  a  maxim  in  the  laws  of  the  par- 
liament, qiwd  leges  posteriores  priores  contrarias 
abrogant.''  4.  Inst.  43.  To  get  rid  of  the  magic 
supposed  to  be  in  the  word  constitution,  let  us  trans- 
late it  into  its  definition  as  given  by  those  who 
think  it  above  the  power  of  the  law;  and  let  us 
suppose  the  convention,  instead  of  saying,  "We 
the  ordinary  legislature,  establish   a   constitution,'' 


Jefferson's  Works 

had  said,  "We  the  ordinary  legislature,  establish 
an  act  above  tlie  power  of  the  ordinary  legislature." 
Does  not  this  expose  the  absurdity  of  the  attempt  ? 
3.  But,  say  they,  the  people  have  acquiesced,  and 
this  has  given  it  an  authority  superior  to  the  laws. 
It  is  true  that  the  people  did  not  rebel  against  it; 
and  was  that  a  lime  for  the  people  to  rise  in  rebellion  ? 
Should  a  prudent  acquiescence,  at  a  critical  time,  be 
construed  into  a  confinnation  of  every  illegal  thing 
done  during  that  period?  Besides,  why  should  they 
rebel?  At  an  annual  election  they  had  chosen  dele- 
gates for  the  j^ear,  to  exercise  the  ordinary  powers 
of  legislation,  and  to  manage  the  great  contest  in 
which  the)'  were  engaged.  These  delegates  thought 
the  contest  would  be  best  managed  by  an  organized 
government.  They  therefore,  among  others,  passed 
an  ordinance  of  government.  They  did  not  pre- 
sume to  call  it  perpetual  and  unalterable.  They 
well  knew  they  had  no  power  to  make  it  so;  that 
our  choice  of  them  had  been  for  no  such  purpose, 
and  at  a  time  when  we  could  have  no  such  purpose 
in  contemplation.  Had  an  unalterable  form  of 
government  been  meditated,  perhaps  we  should 
have  chosen  a  different  set  of  people.  There  was  no 
cause  then  for  the  people  to  rise  in  rebellion.  But 
to  what  dangerous  lengths  will  this  argument  lead? 
Did  the  acquiescence  of  the  colonies  under  the 
various  acts  of  fwwer  exercised  by  Great  Britain  in 
our  infant  State,  confirm  these  acts,  and  so  far  invest 
them  with  the  authority  of  the  people  as  to  render 

Notes  on  Virginia  171 

them  unalterable,  and  our  present  resistance  wrong? 
On  every  unauthoritative  exercise  of  power  by  the 
l^islature  must  the  people  rise  in  rebellion,  or  their 
silence  be  construed  into  a  siurender  of  that  power 
to  them?  If  so,  how  many  rebellions  should  we 
have  had  already?  One  certainly  for  every  session 
of  assembly.  The  other  States  in  the  imion  have 
been  of  opinion  that  to  render  a  form  of  government 
imalterable  by  ordinary  acts  of  assembly,  the  people 
must  delegate  persons  with  special  powers.  They 
have  accordingly  chosen  special  conventions  to 
form  and  fix  their  governments.  The  individuals 
then  who  maintain  the  contrary  opinion  in  this 
country,  should  have  the  modesty  to  suppose  it 
possible  that  they  may  be  wrong,  and  the  rest  of 
America  right.  But  if  there  be  only  a  possibility 
of  their  being  wrong,  if  only  a  plausible  doubt  re- 
mains of  the  validity  of  the  ordinance  of  govern- 
ment, is  it  not  better  to  remove  that  doubt  by  plac- 
ing it  on  a  bottom  which  none  will  dispute  ?  If  they 
be  right  we  shall  only  have  the  unnecessary  trouble 
of  meeting  once  in  convention.  If  they  be  wrong, 
they  expose  us  to  the  hazard  of  having  no  funda- 
mental rights  at  all.  True  it  is,  this  is  no  time  for 
deliberating  on  forms  of  government.  While  an 
enemy  is  within  our  bowels,  the  first  object  is  to 
expel  him.  But  when  this  shall  be  done,  when 
peace  shall  be  established,  and  leistire  given  us  for 
intrenching  within  good  forms,  the  rights  for  which 
we  have  bled,  let  no  man  be  found  indolent  enough 


Jefferson's  Works 

to  decline  a  little  more  trouble  for  placing  them  i 
beyond  the  reach  of  question.     If  anything  more  he- 
requisite  to  produce  a  conviction  of  the  expediency  ' 
of  calling  a  convention  at  a  proper  season  to  fix  our 
form  of  government,  let  it  be  the  reflection: 

6.  That  the  assembly  exercises  a  power  of  deter- 
mining the  quorum  of  their  own  body  which  may'  j 
legislate   for   us.     After   the   establishment   of  the  , 
new  form  they  adhered  to  the  Lex  majoris  partis, 
founded  in  common  law'  as  well  as  common  right. 
It  is  the  natural  law'  of  every  assembly  of  men, 
whosenumbersarenotfixedby  any  other  law.     They  | 
continued  for  some  time  to  require  the  presence  of 
a  majority  of  their  whole  number,  to  pass  an  act. 
But  the  British  parliament  fixes  its  own  quorum; 
our  former  assemblies  fixpd  their  own  quorum ;  and 
one  precedent  in  favor  of  power  is  stronger  than  an 
hundred  against  it.     The  house  of  delegates,  there- 
fore, have  lately'  voted  that,   during  the  present! 
dangerous  invasion,  forty  members  shall  be  a  house  1 
to  proceed  to  business.     They  have  been  moved  to 
this  by  the  fear  of  not  being  able  to  collect  a  house. 
But  this  danger  could  not  authorize  them  to  call 
that  a  house  which  was  none;  and  if  they  may  fix  ■ 
it  at  one  number,  they  may  at  another,  till  it  loses! 
its  fundamental  character  of  being  a  representati\ 
body.     As  this  vote  expires  with  the  present  inva- 

'  Bro.  abr.  Corporations,  ji, 
*  Puff.  Off.  horn.  1.  X,  c.  6,  (  1 

,14.      Hakcwell,  gj, 

Notes  on  Virginia  173 

sion,  it  is  probable  the  former  rule  will  be  permitted 
to  revive;  because  at  present  no  ill  is  meant.  The 
power,  however,  of  fixing  their  own  quorum  has 
been  avowed,  and  a  precedent  set.  From  forty  it 
may  be  reduced  to  four,  and  from  four  to  one;  from 
a  house  to  a  committee,  from  a  committee  to  a  chair- 
man or  speaker,  and  thus  an  oligarchy  or  monarchy 
be  substituted  under  forms  supposed  to  be  regular. 
"Omnia  mala  exempla  ex  bonis  orta  sunt;  sed  ubi 
imperium  ad  ignaros  aut  minus  bonos  pervenit, 
novum  illud  exemplum  ab  dignis  et  idoneis  adin- 
dignos  et  non  idoneos  fertur."  When,  therefore,  it 
is  considered,  that  there  is  no  legal  obstacle  to  the 
assumption  by  the  assembly  of  all  the  powers  legis- 
lative, executive,  and  judiciary,  and  that  these 
may  come  to  the  hands  of  the  smallest  rag  of 
delegation,  surely  the  people  will  say,  and  their 
representatives,  while  yet  they  have  honest  repre- 
sentatives, will  advise  them  to  say,  that  they  will 
not  acknowledge  as  laws  any  acts  not  considered 
and  assented  to  by  the  major  part  of  their  delegates. 
In  enumerating  the  defects  of  the  Constitution, 
it  would  be  wrong  to  count  among  them  what  is 
only  the  error  of  particular  persons.  In  December 
1776,  our  circtunstances  being  much  distressed,  it 
was  proposed  in  the  house  of  delegates  to  create  a 
dictator,  invested  with  every  power  legislative,  exec- 
utive, and  judiciary,  civil  and  military,  of  life  and  of 
death,  over  our  persons  and  over  our  properties; 
and  in  Jtme  1781,  again  under  calamity,  the  same 

174  Jefferson's  Works 

proposition  was  repeated,  and  wanted  a  few  votes 
only  of  being  passed.  One  who  entered  into  this 
contest  from  a  pure  love  of  liberty,  and  a  sense  of 
injured  rights,  who  determined  to  make  every  sacri- 
fice, and  to  meet  ever;'  danger,  for  the  re-establish- 
ment of  those  rights  on  a  firm  basis,  who  did  not 
mean  to  expend  his  blood  and  substance  for  the 
wretched  purpose  of  changing  this  matter  for  that, 
but  to  place  the  powers  of  governing  him  in  a  plural- 
ity of  hands  of  his  own  choice,  so  that  tlie  corrupt 
will  of  no  one  man  might  in  future  oppress  him,  must 
stand  confounded  and  dismayed  when  he  is  told,  that 
a  considerable  portion  of  that  plurality  had  medi- 
ated the  surrender  of  them  into  a  single  hand,  and, 
in  lieu  of  a  limited  monarchy,  to  deliver  him  over 
to  a  despotic  one!  How  must  we  find  his  efforts  and 
sacrifices  abused  and  baffled,  if  he  may  still,  by  a 
single  vote,  be  laid  prostrate  at  the  feet  of  one  man! 
In  God's  name,  from  whence  have  they  derived  this 
power?  Is  it  from  our  ancient  laws?  None  such 
can  be  produced.  Is  it  from  any  principle  in  our 
new  Constitution  expressed  or  implied?  Every 
lineament  expressed  or  implied,  is  in  full  opposition  to 
it.  Its  fundamental  principle  is,  that  the  State 
shall  be  governed  as  a  commonwealth.  It  provides 
a  republican  organization,  proscribes  under  the 
name  of  prerogative  the  exercise  of  all  powers  unde- 
fined by  the  laws;  places  on  this  basis  the  whole 
system  of  our  laws;  and  by  consolidating  them  to- 
gether, chooses  that  they  should  be  left  to  stand  or 

Notes  on  Virginia  i7S 

fall  together,  never  providing  for  any  circumstances, 
nor  admitting  that  such  could  arise,  wherein  either 
should  be  suspended;  no,  not  for  a  moment.  Our 
ancient  laws  expressly  declare,  that  those  who  are 
but  delegates  themselves  shall  not  delegate  to  others 
powers  which  require  judgment  and  integrity  in  their 
exercise.  Or  was  this  proposition  moved  on  a  sup- 
posed right  in  the  movers,  of  abandoning  their  posts 
in  a  moment  of  distress?  The  same  laws  forbid  the 
abandonment  of  that  post,  even  on  ordinary  occa- 
sions ;  and  much  more  a  transfer  of  their  powers  into 
other  hands  and  other  forms,  without  consulting  the 
people.  They  never  admit  the  idea  that  these,  like 
sheep  or  cattle,  may  be  given  from  hand  to  hand 
without  an  appeal  to  their  own  will.  Was  it  from 
the  necessity  of  the  case?  Necessities  which  dis- 
solve a  government,  do  not  convey  its  authority  to 
an  oligarchy  or  a  monarchy.  They  throw  back, 
into  the  hands  of  the  people,  the  powers  they  had 
delegated,  and  leave  them  as  individuals  to  shift  for 
themselves.  A  leader  may  offer,  but  not  impose  him- 
self, nor  be  imposed  on  them.  Much  less  can  their 
necks  be  submitted  to  his  sword,  their  breath  to  be 
held  at  his  will  or  caprice.  The  necessity  which 
should  operate  these  tremendous  effects  should  at 

[least  be  palpable  and  irresistible.  Yet  in  both 
instances,  where  it  was  feared,  or  pretended  with  us. 
it  was  belied  by  the  event.  It  was  belied,  too,  by 
the  preceding  experience  of  our  sister  States,  several 
of  whom  had  grappled  through  greater  difficulties 

17^  Jefferson's  Works 

without  abandoning  their  forms  of  government. 
When  the  proposition  was  first  made,  Massachusetts 
had  found  even  the  government  of  committees  suffi- 
cient to  carry  them  through  an  invasion.  But  we 
at  the  time  of  that  proposition,  were  under  no  inva- 
sion. When  the  second  was  made,  there  had  been 
added  to  this  example  those  of  Rhode  Island,  New 
York,  New  Jersey,  and  Pennsylvania,  in  all  of  which 
the  republican  form  had  been  found  equal  to  the 
task  of  carr>'ing  them  through  the  severest  trials. 
In  this  State  alone  did  there  exist  so  little  virtue, 
that  fear  was  to  be  fixed  in  the  hearts  of  the  people, 
and  to  become  the  motive  of  their  exertions,  and 
principle  of  their  government?  The  very  thought 
alone  was  treason  against  the  people;  was  treason 
against  mankind  in  general ;  as  riveting  forever  the 
chains  which  bow  down  their  necks,  by  giving  to 
their  oppressors  a  proof,  which  they  would  have 
trumpeted  through  the  universe,  of  the  imbecility  of 
republican  government,  in  times  of  pressing  danger, 
to  shield  them  from  harm.  Those  who  assume  the 
right  of  giving  away  the  reins  of  government  in  any 
case,  must  be  sure  that  the  herd,  whom  they  hand  on 
to  the  rods  and  hatchet  of  the  dictator,  will  lay  their 
necks  on  the  block  when  the  shall  nod  to  them.  But 
if  our  assemblies  supposed  such  a  recognition  in  the 
people,  I  hope  they  mistook  their  character.  I  am 
of  opinion,  that  the  government,  instead  of  being 
braced  and  invigorated  for  greater  exertions  under 
their  difficulties,  would  have  been  thrown  back  upon 


Notes  on  Virginia  i77 

the  bungling  machinery"  of  county  committees  for 
administration,  till  a  convention  could  have  been 
called,  and  its  wheels  again  set  into  regular  motion. 
What  a  cruel  moment  was  this  for  creating  such  an 
embarrassment,  for  putting  to  the  proof  the  attach- 
ment of  our  countrymen  to  republican  government! 
Those  who  meant  well,  of  the  advocates  of  this  meas- 
ure, (and  most  of  them  meant  well,  for  I  know  ttiem 
personally,  had  been  their  fellow-laborer  in  the  com- 
mon cause,  and  had  often  proved  the  purity  of  their 
principles,)  had  been  seduced  in  their  judgment 
by  the  example  of  an  ancient  republic,  whose  consti- 
tution and  circumstances  were  fundamentally  differ- 
ent. They  had  sought  this  precedent  in  the  history 
of  Rome,  where  alone  it  was  to  be  found,  and  where 
at  length,  too,  it  had  proved  fatal.  They  had  taken 
it  from  a  republic  rent  by  the  most  bitter  factions 
and  tumults,  where  the  government  was  of  a  heavy- 
handed  unfeeling  aristocracy,  over  a  people  ferocious, 
and  rendered  desperate  by  poverty  and  wretchedness ; 
tumults  which  could  not  be  allayed  under  the  most 
trying  circumstances,  but  by  the  omnifxitent  hand 
of  a  single  despot.  Their  constitution,  therefore, 
allowed  a  temporary  tyrant  to  be  erected,  under  the 
name  of  a  dictator;  and  that  temporary  tyrant,  after 
a  few  examples,  became  perpetual.  They  misap- 
plied this  precedent  to  a  people  mild  in  their  dispo- 
sitions, patient  under  their  trial,  united  for  the  public 
liberty,  and  affectionate  to  their  leaders.  But  if  from 
the  constitution  .of  the  Roman  government  there 


Jefferson's  Works 


resulted  to  their  senate  a  power  of  submitting  all 
their  rights  to  the  will  of  one  man,  does  it  follow 
that  the  assembly  of  Virginia  have  the  same  author- 
ity? What  clause  in  our  constitution  has  substi- 
tuted that  of  Rome,  by  way  of  residuary  provision, 
for  all  cases  not  otherwise  provided  for?  Or  if  they 
may  step  ad  libitum  into  any  other  form  of  govern- 
ment for  precedents  to  rule  us  by,  for  what  oppression 
may  not  a  precedent  be  found  in  this  world  of  the 
ballum  omnium  in  omnia  ?  Searching  for  the  founda- 
tions of  this  proposition,  I  can  find  none  which  may 
pretend  a  color  of  right  orreason,  but  the  defect  before 
developed,  that  there  being  no  barrier  between  the 
legislative,  executive,  and  judiciary  departments,  the 
legislature  may  seize  the  whole;  that  having  seized 
it,  and  possessing  a  right  to  fix  their  own  quorum, 
they  may  reduce  that  quorum  to  one,  whom  they 
may  call  a  chairman,  speaker,  dictator,  or  by  any  other 
name  they  please.  Our  situation  is  indeed  perilous, 
and  I  hope  my  countrymen  will  be  sensible  of  it.  and 
will  apply,  at  a  proper  season,  the  proper  remedy; 
which  is  a  convention  to  fix  the  constitution,  to 
amend  its  defects,  to  bind  up  the  several  branches  of 
government  by  certain  laws,  which,  when  they  trans- 
gress, their  acts  shall  become  nullities;  to  render 
imnecessary  an  appeal  to  the  people,  or  in  other 
words  a  rebellion,  on  every  infraction  of  their  rights, 
on  the  peril  that  their  acquiescence  shall  be  construed 
into  an  intention  to  surrender  those  rig! 

rights.  ^m 

.James  Madison 

t-e'i;  «-<i^« 

fi  ,;^:r.i:f/  -.onnril 


■   •    ■  I ' 

I  ■ 

Notes  on  Virginia  i79 


The  administration  of  justice  and  the  description  of 

the  laws  ? 

The  State  is  divided  into  counties.  In  every 
county  are  appointed  magistrates,  called  justices  of 
the  peace,  usually  from  eight  to  thirty  or  forty  in 
number,  in  proportion  to  the  size  of  the  county,  of 
the  most  discreet  and  honest  inhabitants.  They 
are  nominated  by  their  fellows,  but  commissioned 
by  the  governor,  and  act  without  reward.  These 
magistrates  have  jurisdiction  both  criminal  and 
civil.  If  the  question  before  them  be  a  question  of 
law  only,  they  decide  on  it  themselves;  but  if  it  be 
of  fact,  or  of  fact  and  law  combined,  it  must  be 
referred  to  a  jury.  In  the  latter  case,  of  a  combi- 
nation of  law  and  fact,  it  is  usual  for  the  jurors  to 
decide  the  fact,  and  to  refer  the  law  arising  on  it  to 
the  decision  of  the  judges.  But  this  division  of  the 
subject  lies  with  their  discretion  only.  And  if  the 
question  relate  to  any  point  of  public  liberty,  or  if 
it  be  one  of  those  in  which  the  judges  may  be  sus- 
pected of  bias,  the  jury  undertake  to  decide  both 
law  and  fact.  If  they  be  mistaken,  a  decision  against 
right,  which  is  casual  only,  is  less  dangerous  to  the 
State,  and  less  afflicting  to  the  loser,  than  one  which 
makes  part  of  a  regular  and  uniform  system.  In 
truth,  it  is  better  to  toss  up  cross  and  pile  in  a  cause, 
than  to  refer  it  to  a  judge  whose  mind  is  warped  by 
any  motive  whatever,  in  that  particular  case.     But 

x8o  Jefferson's  Works 

the  common  sense  of  twelve  honest  men  gives  still 
a  better  chance  of  just  decision,  than  the  hazard  of 
cross  and  pile.  These  judges  execute  their  process 
bj'  the  sheriff  or  coroner  of  the  county,  or  by  consta- 
bles of  their  own  appointment.  If  any  free  person 
commit  an  offence  against  the  commonwealth,  if  it 
be  below  the  degree  of  felony,  he  is  bound  b)'  a  justice 
to  appear  before  their  court,  to  answer  it  on  an 
indictment  or  infonnation.  If  it  amount  to  felony, 
he  is  committed  to  jail;  a  court  of  these  justices  is 
called;  if  they  on  examination  think  him  guilty, 
they  send  him  to  the  jail  of  the  general  court,  before 
which  court  he  is  to  be  tried  first  by  a  grand  jur>^  of 
twenty-four,  of  whom  thirteen  must  concur  in  opin- 
ion; if  they  find  him  guilty,  he  is  then  tried  by  a 
jury  of  twelve  men  of  the  county  where  the  oftence 
was  committed,  and  by  their  verdict,  which  must  be 
unanimous,  he  is  acquitted  or  condemned  without 
appeal.  If  the  criminal  be  a  slave,  the  trial  by  the 
county  court  is  final.  In  every  case,  however,  except 
that  of  high  treason,  there  resides  in  the  governor  a 
power  of  pardon.  In  high  treason  the  pardon  can 
only  flow  from  the  general  assembly.  In  civil  mat- 
ters these  justices  have  jurisdiction  in  all  cases  of 
whatever  value,  not  appertaining  to  the  department 
of  the  admiralty.  This  jurisdiction  is  twofold.  If 
the  matter  in  dispute  be  of  less  value  than  four 
dollars  and  one-sixth,  a  single  member  may  try  it 
at  any  time  and  place  within  his  county,  and  may 
award  execution  on  the  goods  of  the  party  cast.     K 

Notes  on  Virginia  i8i 

it  be  of  that  or  greater  value,  it  is  determinable 
before  the  county  court,  which  consists  of  four  at 
the  least  of  those  justices  and  assembles  at  the  court- 
house of  the  county  on  a  certain  day  in  every  month. 
From  their  determination,  if  the  matter  be  of  the 
value  of  ten  pounds  sterling,  or  concern  the  title  or 
bounds  of  lands,  an  appeal  lies  to  one  of  the  superior 

There  are  three  or  four  superior  courts,  to  wit,  the 
high  court  of  chancery,  the  general  court,  and  the 
court  of  admiralty.  The  first  and  second  of  these 
receive  appeals  from  the  county  courts,  and  also  have 
original  jurisdiction,  where  the  subject  of  contro- 
versy is  of  the  value  of  ten  pounds  sterling,  or  where 
it  concerns  the  title  bounds  or  lands.  The  juris- 
diction of  the  admiralty  is  original  altogether.  The 
high  court  of  chancery  is  composed  of  three  judges, 
the  general  court  of  five,  and  the  court  of  admiralty 
of  three.  The  two  first  hold  their  sessions  at  Rich- 
mond at  stated  times,  the  chancery  twice  in  the 
year,  and  the  general  court  twice  for  business,  civil 
and  criminal,  and  twice  more  for  criminal  only. 
The  court  of  admiralty  sits  at  Williamsburg  when- 
ever a  controversy  arises. 

There  is  one  supreme  court,  called  the  court  of 
appeals,  composed  of  the  judges  of  the  three  superior 
courts,  assembling  twice  a  year  at  stated  times  at 
Richmond.  This  court  receives  appeals  in  all  civil 
cases  from  each  of  the  superior  courts,  and  deter- 
mines them  finally.  But  it  has  no  original  juris- 

i8a  Jefferson's  Works 

If  a  controversy  arise  between  two  foreigners  of  a 
nation  in  alliance  with  the  United  States,  it  is  de- 
cided by  the  Consul  for  their  State,  or,  if  both  parties 
choose  it,  by  the  ordinary  courts  of  justice.  K  one  of 
the  parties  only  be  such  a  foreigner,  it  is  triable 
before  the  courts  of  justice  of  the  country.  But  if  it 
shall  have  been  instituted  in  a  county  court,  the 
foreigner  may  remove  it  into  the  general  court,  or 
court  of  chancery,  who  are  to  determine  it  at  their 
first  sessions,  as  they  must  also  do  if  it  be  originally 
commenced  before  them.  In  cases  of  life  and  death, 
such  foreigners  have  a  right  to  be  tried  by  a  jur^', 
the  one-half  foreigners,  the  other  natives. 

All  public  accounts  are  settled  with  a  board  of 
auditors,  consisting  of  three  members  appointed  by 
the  general  assembly,  any  two  of  whom  may  act. 
But  an  individual,  dissatisfied  with  the  determina- 
tion of  that  board,  may  carr>-  his  case  into  the  proper 
superior  court. 

A  description  of  the  laws. 

The  general  assembly  was  constituted,  as  has  been 
already  shown,  by  letters-patent  of  March  the  9th, 
1607,  in  the  fourth  year  of  the  reign  of  James  the 
first.  The  laws  of  England  seem  to  have  been 
adopted  by  consent  of  the  settlers,  which  might 
easily  enough  be  done  whilst  they  were  few  and 
living  all  together.  Of  such  adoption,  however,  we 
have  no  other  proof  than  their  practice  till  the  year 
1661,  when  they  were  expressly  adopted  by  an  act 
of  the  assembly,  except  so  far  as  "  a  difference  of  con- 

Notes  on  Virginia 



dition"  rendered  them  inapplicable.  Under  this 
adoption,  the  rule,  in  our  courts  of  judicature  was, 
that  the  common  law  of  England,  and  the  general 
statutes  previous  to  the  fourth  of  James,  were  in 
force  here;  but  that  no  subsequent  statutes  were. 
■unless  we  were  named  in  them,  said  the  judges  and 
other  partisans  of  the  crown,  but  named  or  not  named, 
said  those  who  reflected  freely.  It  will  be  unnecessary 
to  attempt  a  description  of  the  laws  of  England,  as 
that  may  be  found  in  English  publications.  To 
those  which  were  established  here,  by  the  adoption 
of  the  legislature,  have  been  since  added  a  number  of 
acts  of  assembly  passed  during  the  monarchy,  and 
ordinances  of  convention  and  acts  of  assembly 
enacted  since  the  establishment  of  the  republic. 
The  following  variations  from  the  British  model  are 
I>erhaps  worthy  of  being  specified: 

Debtors  unable  to  pay  their  debts,  and  making 
faithful  delivery  of  their  whole  effects,  are  released 
from  confinement,  and  their  persons  forever  dis- 
charged from  restraint  for  such  previous  debts ;  but 
any  property  they  may  afterwards  acquire  will  be 
subject  to  their  creditors. 

The  poor  unable  to  support  themselves,  are  main- 
tained by  an  assessment  on  the  tytheable  persons  in 
their  parish.  This  assessment  is  levied  and  admin- 
istered by  twelve  persons  in  each  parish,  called 
vestrymen,  originally  chosen  by  the  housekeepers  of 
the  parish,  but  afterwards  filling  vacancies  in  their 
own  body  by  their  own  choice.     These  are  usually 

i84  Jefferson's  Works 

the  most  discreet  fanners,  so  distributed  through 
their  parish,  that  every  part  of  it  may  be  under  the 
immediate  eye  of  some  one  of  them.  They  are  well 
acquainted  with  the  details  and  economy  of  private 
life,  and  they  find  sufficient  inducements  to  execute 
their  charge  well,  in  their  philanthropy,  in  the  appro- 
bation of  their  neighbors,  and  the  distinction  which 
that  gives  them.  The  poor  who  have  neither  prop- 
erty, friends,  nor  strength  to  labor,  are  boarded  in 
the  houses  of  good  fanners,  to  whom  a  stipulated 
sum  is  annually  paid.  To  those  who  are  able  to 
help  themselves  a  little,  or  have  friends  from  whom 
they  derive  some  succors,  inadequate  however  to 
their  full  maintenance,  supplementary  aids  are 
given  which  enable  them  to  live  comfortably  in  their 
own  houses,  or  in  the  houses  of  their  friends.  Vaga- 
bonds without  visible  jiroperty  or  vocation,  are 
placed  in  work  houses,  where  they  are  well  clothed, 
fed,  lodged,  and  made  to  labor.  Nearly  the  same 
method  of  providing  for  the  poor  prevails  through 
all  our  States;  and  from  Savannah  to  Portsmouth 
you  will  seldom  meet  a  beggar.  In  the  large  towns, 
indeed,  they  sometimes  present  themselves.  These 
are  usually  foreigners,  who  have  never  obtained  a 
settlement  in  any  parish.  I  never  yet  saw  a  native 
American  begging  in  the  streets  or  highways.  A 
subsistence  is  easily  gained  here;  and  if,  by  misfor- 
tunes, they  are  thrown  on  the  charities  of  the 
world,  those  provided  by  their  own  country  are  so 
comfortable  and  so  certain,  that  they  never  think  of 

Notes  on  Virginia  185 

relinqtiishing  them  to  become,  strolling  beggars. 
Their  situation  too,  when  sick,  in  the  family  of  a 
good  farmer,  where  every  member  is  emulous  to  do 
them  kind  offices,  where  they  are  visited  by  all  the 
neighbors,  who  bring  them  the  little  rarities  which 
their  sickly  appetites  may  crave,  and  who  take  by 
rotation  the  nightly  watch  over  them,  when  their 
condition  requires  it,  is  without  comparison  better 
than  in  a  general  hospital,  where  the  sick,  the  dying 
and  the  dead  are  crammed  together  in  the  same 
rooms,  and  often  in  the  same  beds.  The  disadvant- 
ages, inseparable  from  general  hospitals,  are  such  as 
can  never  be  counterpoised  by  all  the  regularities  of 
medicine  and  regimen.  Nature  and  kind  nursing 
save  a  much  greater  proportion  in  our  plain  way, 
at  a  smaller  expense,  and  with  less  abuse.  One 
branch  only  of  hospital  institution  is  wanting  with 
us;  that  is,  a  general  establishment  for  those  labor- 
ing tmder  difficult  cases  of  chirurgery.  The  aids  of 
this  art  are  not  equivocal.  But  an  able  chirurgeon 
cannot  be  had  in  every  parish.  Such  a  receptacle 
should  therefore  be  provided  for  those  patients ;  but 
no  others  should  be  admitted. 

Marriages  must  be  solemni2sed  either  on  special 
license,  granted  by  the  first  magistrate  of  the  county, 
on  proof  of  the  consent  of  the  parent  or  guardian 
of  either  party  under  age,  or  after  solemn  publica- 
tion, on  three  several  Sundays,  at  some  place  of 
religious  worship,  in  the  parishes  where  the  parties 
reside.    The  act  of  solemnization  may  be  by  the 


Jefferson's  Works 

minister  of  any  society  of  Christians,  who  shall  have 
been  previously  licensed  for  this  purpose  by  the 
court  of  the  county.  Quakers  and  Menonists,  how- 
ever, are  exempted  from  all  these  conditions,  and 
marriage  among  them  is  to  be  solemnized  by  the 
society  itself. 

A  foreigner  of  any  nation,  not  in  open  war  w^ith 
us,  becomes  naturalized  by  removing  to  the  State 
to  reside,  and  taking  an  oath  of  fidelity;  and  there- 
upon acquires  every  right  of  a  native  citizen;  and 
citizens  may  divest  themselves  of  that  character, 
by  declaring,  by  solemn  deed,  or  in  open  court,  that 
they  mean  to  expatriate  themselves,  and  no  longer 
to  be  citizens  of  this  State, 

Conveyances  of  land  must  be  registered  in  the 
court  of  the  county  wherein  they  lie,  or  in  the  gen- 
eral court,  or  they  are  void,  as  to  creditors,  and 
subsequent  purchasers. 

Slaves  pass  by  descent  and  dower  as  lands  do. 
Where  the  descent  is  from  a  parent,  the  heir  is  bound 
to  pay  an  equal  share  of  their  value  in  money  to 
each  of  their  brothers  and  sisters. 

Slaves,  as  well  as  lands,  were  entailable  during 
the  monarchy ;  but,  by  an  act  of  the  first  republican 
assembly,  all  donees  in  tail,  present  and  future,  were 
vested  with  the  absolute  dominion  of  the  entailed 

Bills  of  exchange,  being  protested,  carry  ten  per 
cent,  interest  from  their  date. 

No  person  is  allowed,  in  any  other  case,  to  take 


Notes  on  Virginia  187 

more  than  five  per  cent,  per  annum  simple  interest 
for  the  loan  of  moneys. 

Gaming  debts  are  made  void,  and  moneys  actually 
paid  to  discharge  such  debts  (if  they  exceed  forty 
shillings)  may  be  recovered  by  the  payer  within 
three  months,  or  by  any  other  person  afterwards. 

Tobacco,  flour,  beef,  pork,  tar,  pitch,  and  turpen- 
tine must  be  inspected  by  persons  publicly  ap- 
ix)inted,  before  they  can  be  exported. 

The  erecting  iron-works  and  mills  is  encouraged 
l^y  many  privileges;  with  necessary  cautions  how- 
ever to  prevent  their  dams  from  obstructing  the 
Tiavigation  of  the  water-courses.  The  general  assem- 
T)ly  have  on  several  occasions  shown  a  great  desire 
ix)  encourage  the  opening  the  great  falls  of  James 
^nd  Potomac  rivers.  As  yet,  however,  neither  of 
i;hese  have  been  effected. 

The  laws  have  also  descended  to  the  preservation 
^nd  improvement  of  the  races  of  useful  animals, 
^uch  as  horses,  cattle,  deer;  to  the  extirpation  of 
i;hose  which  are  noxious,  as  wolves,  squirrels,  crows, 
l)lackbirds ;  and  to  the  guarding  our  citizens  against 
infectious  disorders,  by  obliging  suspected  vessels 
coming  into  the  State,  to  perform  quarantine,  and 
lyy  regulating  the  conduct  of  persons  having  such 
<iisorders  within  the  State. 

The  mode  of  acquiring  lands,  in  the  earliest  times 
of  our  settlement,  was  by  petition  to  the  general 
assembly.  If  the  lands  prayed  for  were  already 
cleared  of  the  Indian  title,  and  the  assembly  thought 

"88  Jefferson's  Works 

the  prayer  reasonable,  they  passed  the  property  by 
their  vote  to  the  petitioner.  But  if  they  had  not 
yet  been  ceded  by  the  Indians,  it  was  necessary  that 
the  petitioner  should  previously  purchase  their 
right.  This  purchase  the  assembly  verified,  by 
inquiries  of  the  Indian  proprietors ;  and  being  satis- 
fied of  its  reality  and  fairness,  proceeded  further  to 
examine  the  reasonableness  of  the  petition,  and  its 
consistence  with  policy;  and  according  to  the  result, 
either  granted  or  rejected  the  petition.  The  com- 
pany also  sometimes,  though  very  rarely,  granted 
lands,  independently  of  the  general  assembly.  As 
the  colony  increased,  and  individual  applications 
for  land  multiplied,  it  was  found  to  give  too  much  oc- 
cupation to  the  general  assembly  to  inquire  into  and 
execute  the  grant  in  every  sjjecial  case.  They  there- 
fore thought  it  better  to  establish  general  rules, 
according  to  which  all  grants  should  be  made,  and  to 
leave  to  the  governor  the  execution  of  them,  imder 
these  rules.  This  they  did  by  what  have  been 
usually  called  the  land  laws,  amending  them  from 
time  to  time,  as  their  defects  were  developed.  Ac- 
cording to  these  laws,  when  an  individual  wished  a 
portion  of  unappropriated  land,  he  was  to  locate 
and  survey  it  by  a  public  officer,  appointed  for  that 
purpose;  its  breadth  was  to  bear  a  certain  propor- 
tion to  its  length:  the  grant  was  to  be  executed 
by  the  governor;  and  the  lands  were  to  be  improved 
in  a  certain  manner,  within  a  given  time.  From 
these  regulations  there  resulted  to  the  State  a  sole 

Notes  on  Virginia  189 

and  exclusive  power  of  taking  conveyances  of  the 
Indian  right  of  soil;  since,  according  to  them  an 
Indian  conveyance  alone  could  give  no  right  to  an 
individual,  which  the  laws  would  acknowledge.  The 
State,  or  the  crown,  thereafter,  made  general  pur- 
chases of  the  Indians  from  time  to  time,  and  the 
governor  parcelled  them  out  by  special  grants,  con- 
formable to  the  rules  before  described,  which  it  was 
not  in  his  power,  or  in  that  of  the  crown,  to  dispense 
with.  Grants,  unaccompanied  by  their  proper  legal 
circumstances,  were  set  aside  regularly  by  fieri 
facias,  or  by  bill  in  chancery.  Since  the  establish- 
ment of  our  new  Government,  this  order  of  things 
is  but  little  changed.  An  individual,  wishing  to 
appropriate  to  himself  lands  still  unappropriated 
by  any  other,  pays  to  the  public  treasurer  a  sum  of 
money  proportioned  to  the  quantity  he  wants.  He 
carries  the  treasurer's  receipt  to  the  auditors  of 
public  accounts,  who  thereupon  debit  the  treasurer 
with  the  sum,  and  order  the  register  of  the  land- 
office  to  give  the  party  a  warrant  for  his  land.  With 
this  warrant  from  the  register,  he  goes  to  the  sur- 
veyor of  the  county  where  the  land  lies  on  which  he 
has  cast  his  eye.  The  surveyor  lays  it  off  for  him, 
gives  him  its  exact  description,  in  the  form  of  a  cer- 
tificate, which  certificate  he  returns  to  the  land- 
office,  where  a  grant  is  made  out,  and  is  signed  by 
the  governor.  This  vests  in  him  a  perfect  dominion 
in  his  lands,  transmissible  to  whom  he  pleases  by  deed 
or  will,  or  by  descent  to  his  heirs,  if  he  die  intestate. 

1 9© 

Jefferson's  Works 


Many  of  the  laws  which  were  in  force  during  the 
monarchy  being  relative  merely  to  that  form  of  gov- 
ernment, or  inculcating  principles  inconsistent  with 
republicanism,  the  first  assemlily  which  met  after 
the  establishment  of  the  commonwealth  a])ix)inted 
a  committee  to  revise  the  whole  code,  to  reduce  it 
into  proper  fonn  and  volume,  and  report  it  to  the 
assembly.  This  work  has  been  executed  by  three 
gentlemen,  and  reported;  but  probably  will  not  be 
taken  up  till  a  restoration  of  peace  shall  leave  to  the 
legislature  leisure  to  go  through  such  a  work. 

The  plan  of  the  revisal  was  this.  The  common 
law  of  England,  by  which  is  meant,  that  part  of  the 
English  law  which  was  anterior  to  the  date  of 
oldest  statutes  extant,  is  made  the  basis  of  the  worl 
It  was  thought  dangerous  to  attempt  to  reduce  it 
to  a  text;  it  was  therefore  left  to  be  collected  from 
the  usual  monuments  of  it.  Necessary  alterations 
in  that,  and  so  much  of  the  whole  body  of  the  Bril 
ish  statutes,  and  of  acts  of  assembly,  as  were  thoughl 
proper  to  be  retained,  were  digested  into  one  hun^ 
dred  and  twenty-six  new  acts,  in  which  simplicity; 
of  style  was  aimed  at,  as  far  as  was  safe.  The  fol- 
lowing are  the  most  remarkable  alterations  proposed : 

To  change  the  rules  of  descent,  so  as  that  the  lands 
of  any  person   dying  intestate  shall    be   divisible 
equally  among  all  his  children,  or  other 
tives,  in  equal  degree. 

To  make  slaves  distributable  among 
kin,  as  other  movables. 




r  representa^^l 
;  the  next  o^^| 

Notes  on  Virginia  19^ 

To  have  all  public  expenses,  whether  of  the  gen- 
eral treasury,  or  of  a  parish  or  county,  (as  for  the 
maintenance  of  the  poor,  building  bridges,  court- 
houses, &c.,)  supplied  by  assessment  on  the  citizens, 
in  proportion  to  their  property. 

To  hire  undertakers  for  keeping  the  public  roads 
in  repair,  and  indemnify  individuals  through  whose 
lands  new  roads  shall  be  opened. 

To  define  with  precision  the  rules  whereby  aliens 
should  become  citizens,  and  citizens  make  them- 
selves aliens. 

To  establish  religious  freedom  on  the  broadest 

To  emancipate  all  slaves  bcm  after  the  passing 

the  act.     The  bill  reported  by  the  revisers  does  not 

itself  contain  this  proposition;  but  an  amendment 

containing  it  was  prepared,  to  be  offered  to  the 

legislature  whenever  the  bill  should  be  taken  up, 

and  farther  directing,  that  they  should  continue  with 

their  parents  to  a  certain  age,  then  to  be  brought 

up,  at  the  public  expense,  to  tillage,  arts,  or  sciences, 

according  to  their  geniuses,  till  the  females  should  be 

eighteen,  and  the  males  twenty-one  years  of  age, 

when  they  should  be  colonized  to  such  place  as  the 

circumstances  of  the  time  should  render  most  proper, 

Sending  them  out  with  arms,  implements  of  house- 

liold  and  of  the  handicraft  arts,  seeds,  pairs  of  the 

Toseful  domestic  animals,  &c.,  to  declare  them  a  free 

and  independent  people,  and  extend  to  them  our 

alliance   and  protection,   till   they   have   acquired 

i9»  Tefferson's  Works 

strength;  and  to  send  vessels  at  the  same  time  to 
other  parts  of  the  world  for  an  equal  number  of 
white  inhabitants ;  to  induce  them  to  migrate  hither 
proper  encouragements  were  to  be  proposed.  It 
will  probably  be  asked,  Why  not  retain  and  incor- 
porate the  blacks  into  the  State,  and  thus  save  the 
expense  of  supplying  by  importation  of  white  set- 
tlers, the  vacancies  they  will  leave?  Deep-rooted 
prejudices  entertained  by  the  whites;  ten  thousand 
recollections,  by  the  blacks,  of  the  injuries  they  have 
sustained;  new  provocations;  the  real  distinctions 
which  nature  has  made;  and  many  other  circum- 
stances, will  divide  us  into  parties,  and  produce  con- 
vulsions, which  will  probably  never  end  but  in  the 
extermination  of  the  one  or  the  other  race.  To  these 
objections,  which  are  political,  may  be  added  others, 
which  are  physical  and  moral.  The  first  difference 
which  strikes  us  is  that  of  color.  Whether  the  black 
of  the  negro  resides  in  the  reticular  membrane  be- 
tween the  skin  and  scarf-skin,  or  in  the  scarf-skin 
itself;  whether  it  proceeds  from  the  color  of  the 
blood,  the  color  of  the  bile,  or  from  that  of  some 
other  secretion,  the  difference  is  fixed  in  nature,  and 
is  as  real  as  if  its  seat  and  cause  were  better  known 
to  us.  And  is  this  difference  of  no  importance?  Is 
it  not  the  foundation  of  a  greater  or  less  share  of 
beauty  in  the  two  races?  Are  not  the  fine  mixtures 
of  red  and  white,  the  expressions  of  every  passion 
by  greater  or  less  suffusions  of  color  in  the  one,  prefer- 
able to  that  eternal  monotony,  which  reigns  in  the 

Notes  on  Virginia  ^93 

cotintenances,  that  immovable  veil  of  black  which 
covers  the  emotions  of  the  other  race?  Add  to 
these,  flowing  hair,  a  more  elegant  symmetry  of  form, 
their  own  judgment  in  favor  of  the  whites,  declared 
by  their  preference  of  them,  as  uniformly  as  is  the 
preference  of  the  Oran-fltan  for  the  black  woman 
over  those  of  his  own  species.  The  circumstance 
of  superior  beauty,  is  thought  worthy  attention  in 
the  propagation  of  our  horses,  dogs,  and  other  domes- 
tic animals;  why  not  in  that  of  man?  Besides  those 
of  color,  figure,  and  hair,  there  are  other  physical 
distinctions  proving  a  difference  of  race.  They 
have  less  hair  on  the  face  and  body.  They  secrete 
less  by  the  kidneys,  and  more  by  the  glands  of  the 
skin,  which  gives  them  a  very  strong  and  disagreeable 
odor.  This  greater  degree  of  transpiration,  renders 
them  more  tolerant  of  heat,  and  less  so  of  cold  than 
the  whites.  Perhaps,  too,  a  difference  of  structure 
in  the  pulmonary  apparatus,  which  a  late  ingenious 
experimentalist'  has  discovered  to  be  the  principal 
regulator  of  animal  heat,  may  have  disabled  them 
from  extricating,  in  the  act  of  inspiration,  so  much 
of  that  fluid  from  the  outer  air,  or  obliged  them  in 
expiration,  to  part  with  more  of  it.  They  seem  to 
''equire  less  sleep.  A  black  after  hard  labor  through 
the  day,  will  be  induced  by  the  slightest  amusements 
^  sit  up  tUl  midnight,  or  later,  though  knowing  he 
iriust  be  out  with  the  first  dawn  of  the  morning. 
^Tiey  are  at  least  as  brave,  and  more  adventuresome. 




Jefferson's  Works 


But  this  may  perhaps  proceed  from  a  want  of  fore- 
thought, which  prevents  their  seeing  a  danger  till  it 
be  present.  When  present,  they  do  not  go  through 
it  with  more  coolness  or  steadiness  than  the  whites. 
They  are  more  ardent  after  their  female;  but  love 
seems  with  them  to  be  more  an  eager  desire,  than  a 
tender  delicate  mixture  of  sentiment  and  sensation. 
Their  griefs  are  transient.  Those  numberless  afflic- 
tions, which  render  it  doubtful  whether  heaven  has 
given  life  to  us  in  mercy  or  in  wrath,  are  less  felt,  and 
sooner  forgotten  with  them.  In  general,  their 
existence  appears  to  participate  more  of  sensation 
than  reflection.  To  this  must  be  ascribed  their 
disposition  to  sleep  when  abstracted  from  their 
diversions,  and  unemployed  in  labor.  An  animal 
whose  body  is  at  rest,  and  who  does  not  reflect 
must  be  disposed  to  sleep  of  course.  Comparing 
them  by  their  faculties  of  memory,  reason,  and  im- 
agination, it  appears  to  me  that  in  memory  they  are 
equal  to  the  whites;  in  reason  much  inferior,  as  I 
think  one  could  scarcely  be  found  capable  of  tracing 
and  comprehending  the  investigations  of  Euclid; 
and  that  in  imagination  they  are  dull,  tasteless,  and 
anomalous.  It  would  be  unfair  to  follow  them  to 
Africa  for  this  investigation.  We  will  consider  them 
here,  on  the  same  stage  with  the  whites,  and  where 
the  facts  are  not  apocr>'phal  on  which  a  judgment 
is  to  be  formed.  It  will  be  right  to  make  great  allow- 
ances for  the  difference  of  condition,  of  education,  of 
conversation,  of  the  sphere  in  which  they  move. 


Notes  on  Virginia  i9S 

Many  millions  of  them  have  been  brought  to,  and 
bom  in  America,     Most  of  them,  indeed,  have  been 
confined  to  tillage,  to  their  own  homes,  and  their 
own  society;  yet  many  have  been  so  sittiated,  that 
they  might  have  availed  themselves  of  the  conver- 
sation of  their  masters;  many  have  been  brought 
up  to  the  handicraft  arts,  and  from  that  circtmi- 
stance  have  always  been  associated  with  the  whites. 
Some  have  been  liberally  educated,   and  all  have 
lived  in  cotmtries  where  the  arts  and  sciences  are 
cultivated  to  a  considerable  degree,  and  all  have 
had  before  their  eyes  samples  of  the  best  works  from 
abroad.     The  Indians,  with  no  advantages  of  this 
kind,  will  often  carve  figures  on  their  pipes  not  desti- 
tute of  design  and  merit.     They  will  crayon  out  an 
animal,  a  plant,  or  a  cotmtry,  so  as  to  prove  the 
existence  of  a  germ  in  their  minds  which  only  wants 
cultivation.     They  astonish  you  with  strokes  of  the 
most  sublime  oratory;  such  as  prove  their  reason 
and  sentiment  strong,  their  imagination  glowing  and 
elevated.     But  never  yet  could  I  find  that  a  black 
had  uttered  a  thought  above  the  level  of  plain 
narration;  never  saw  even  an  elementary  trait  of 
painting  or  sculpture.     In   music   they   are   more 
generally  gifted  than  the  whites  with  accurate  ears 
^or  tune  and  time,  and  they  have  been  found  capable 
of  imagining  a  small  catch.*     Whether  they  will  be 

*  The  instrument  proper  to  them  is  the  Banjar,  which  they  brought 
^ther  from  Africa,  and  which  is  the  original  of  the  guitar,  its  chords 
^^^bg  precisely  the  four  lower  chords  of  the  guitar. 

19*  Jefferson's  Works 

equal  to  the  composition  of  a  more  extensive  run  of 
melody,  or  of  complicated  harmony,  is  yet  to  be 
proved.  Misery  is  often  the  parent  of  the  most 
affecting  touches  in  poetry.  Among  the  blacks  is 
misery  enough,  God  knows,  but  no  poetry.  Love 
is  the  peculiar  cestrum  of  the  poet.  Their  love  is 
ardent,  but  it  kindles  the  senses  only,  not  the  imagi- 
nation. Religion,  indeed,  has  produced  a  Phyllis 
Whately;  but  it  could  not  produce  a  poet.  The 
compositions  published  under  her  name  are  below 
the  dignity  of  criticism.  The  heroes  of  the  Dunciad 
are  to  her,  as  Hercules  to  the  author  of  that  poem. 
Ignatius  Sancho  has  approached  nearer  to  merit  in 
composition;  yet  his  letters  do  more  honor  to  the 
heart  than  the  head.  The}^  breathe  the  purest  effu- 
sions of  friendship  and  general  philanthropy,  and 
show  how  great  a  degi-ee  of  the  latter  may  be  com- 
pounded with  strong  religious  zeal.  He  is  often 
happy  in  the  turn  of  his  compliments,  and  his  style 
is  easy  and  familiar,  except  when  he  affects  a  Shan- 
dean  fabrication  of  words.  But  his  imagination 
is  wild  and  extravagant,  escapes  incessantly  from 
every  restraint  of  reason  and  taste,  and,  in  the 
course  of  its  vagaries,  leaves  a  tract  of  thought  as 
incoherent  and  eccentric,  as  is  the  course  of  a  meteor 
through  the  sky.  His  subjects  should  often  have 
led  him  to  a  process  of  sober  reasoning;  yet  we  find 
him  always  substituting  sentiment  for  demonstra- 
tion. Upon  the  whole,  though  we  admit  liim  to  the 
first  place  among  those  of  his  own  color  who  have 

Notes  on  Virginia  i97 

presented  themselves  to  the  public  judgment,  yet 
when  we  compare  him  with  the  writers  of  the  race 
among  whom  he  lived  and  particularly  with  the 
epistolary  class  in  which  he  has  taken  his  own  stand, 
we  are  compelled  to  enrol  him  at  the  bottom  of  the 
column.     This  criticism  supposes  the  letters  pub- 
lished under  his  name  to  be  genuine,  and  to  have 
received  amendment  from  no  other  hand;  points 
which  would  not  be  of  easy  investigation.     The  im- 
provement of  the  blacks  in  body  and  mind,  in  the 
first  instance  of  their  mixture  with  the  whites,  has 
been  observed  by  every  one,  and  proves  that  their 
inferiority  is  not  the  effect  merely  of  their  condition 
of  life.     We  know  that  among  the  Romans,  about 
the  Augustan  age  especially,  the  condition  of  their 
slaves  was  much  more  deplorable  than  that  of  the 
blacks  on  the  continent  of  America.     The  two  sexes 
were  confined  in  separate  apartments,  because  to 
raise  a  child  cost  the  master  more  than  to  buy  one. 
Cato,  for  a  very  restricted  indulgence  to  his  slaves 
in  this  particular,*  took  from  them  a  certain  price. 
But  in  this  coimtry  the  slaves  multiply  as  fast  as 
the  free  inhabitants.     Their  situation  and  manners 
place  the  commerce  between  the  two  sexes  almost 
without  restraint.     The  same  Cato,  on  a  principle  of 
economy,  always  sold  his  sick  and  superannuated 
slaves.     He  gives  it  as  a  standing  precept  to  a  master 
visiting  his  farm,  to  sell  his  old  oxen,  old  wagons, 

'  Tous  douloiis  etaxen  drismenou  nomesmatos  homilein  tais  ther- 
8painsiii. — Plutazx;h.     Cato. 

19*  Jefferson's  Works 

old  tools,  old  and  diseased  servants,  and  everything 
else  become  useless.  "  Vendat  boves  vetulos,  plaus- 
trum  vetus,  feranienta  Vetera,  servum  senem,  ser- 
vum  morbosum,  et  si  quid  aliud  sup>ersit  vendat," 
Cato  de  re  rustica.  c.  2.  The  American  slaves  can- 
not enumerate  this  among  the  injuries  and  insults 
they  receive.  It  was  the  common  practice  to  expose 
in  the  island  .^culapius,  in  the  Tyber,  diseased 
slaves  whose  cure  was  like  to  become  tedious,'  The 
emperor  Claudius,  by  an  edict,  gave  freedom  to  such 
of  them  as  should  recover,  and  first  declared  that  if 
any  person  chose  to  kill  rather  than  to  expose  them, 
it  should  not  be  deemed  homicide.  The  exposing 
them  is  a  crime  of  which  no  instance  has  existed 
with  us;  and  were  it  to  be  followed  by  death,  it 
would  be  punished  capitally.  We  are  told  of  a  cer- 
tain Vedius  Pollio,  who.  in  the  presence  of  Augustus, 
would  have  given  a  slave  as  food  to  his  fish,  for  hav- 
ing broken  a  glass.  With  the  Romans,  the  regular 
method  of  taking  the  evidence  of  their  slaves  was 
under  torture.  Here  it  has  been  thought  better 
never  to  resort  to  their  evidence.  When  a  master 
was  murdered,  all  his  slaves,  in  the  same  house,  or 
within  hearing,  were  condemned  to  death.  Here 
punishment  falls  on  the  guilty  only,  and  as  precise 
proof  is  required  against  him  as  against  a  freeman. 
Yet  notwithstanding  these  and  other  discouraging 
circumstances  among  the  Romans,  their  slaves  were 
often   their  rarest   artists.     They   excelled   too   in 

'  Suet.  Claud.  35. 

Notes  on  Virginia  199 

science,  insomuch  as  to  be  usually  employed  as 
tutors  to  their  master's  children.  Epictetus,  Ter- 
ence, and  Phaedrus,  were  slaves.  But  they  were 
of  the  race  of  whites.  It  is  not  their  condition  then, 
but  nature,  which  has  produced  the  distinction. 
Whether  further  observation  will  or  will  not  verify 
the  conjecture,  that  nature  has  been  less  bountiful 
to  them  in  the  endowments  of  the  head,  I  believe 
that  in  those  of  the  heart  she  will  be  found  to  have 
done  them  justice.  That  disposition  to  theft  with 
which  they  have  been  branded,  must  be  ascribed 
to  their  situation,  and  not  to  any  depravity  of  the 
moral  sense.  The  man  in  whose  favor  no  laws  of 
property  exist,  probably  feels  himself  less  bound  to 
respect  those  made  in  favor  of  others.  When  argu- 
ing for  ourselves,  we  lay  it  down  as  a  fundamental, 
that  laws,  to  be  just,  must  give  a  reciprocation  of 
right;  that,  without  this,  they  are  mere  arbitrary 
rules  of  conduct,  founded  in  force,  and  not  in  con- 
science; and  it  is  a  problem  which  I  give  to  the  mas- 
ter to  solve,  whether  the  religious  precepts  against 
the  violation  of  property  were  not  framed  for  him 
as  well  as  his  slave?  And  whether  the  slave  may 
not  as  justifiably  take  a  little  from  one  who  has  taken 
all  from  him,  as  he  may  slay  one  who  would  slay 
him?  That  a  change  in  the  relations  in  which  a 
man  is  placed  should  change  his  ideas  of  moral  right 
or  wrong,  is  neither  new,  nor  peculiar  to  the  color 
of  the  blacks.  Homer  tells  us  it  was  so  two  thou- 
sand six  hundred  years  ago. 

Jefferson's  Works 

'Emisu,  ger  t'  aretes  apoainutai  ^uniopa  Zeus 

Haneros.  cut'  an  min  kata  doulion  etna,  elesin. 


Jove  fix'd  it  certain,  that  whatever  day 
Makes  man  a  slave,  takes  half  his  worth  away. 

But  the  slaves  of  which  Homer  speaks  were  whites.1 

Notwithstanding  these  considerations  which  must  I 
weaken  their  respect  for  the  laws  of  property,  we  fmdl 
among  them  numerous  instances  of  the  most  rigid! 
integrity,  and  as  many  as  among  their  better  in-i 
structed   masters,    of  benevolence,   gratitude,    and'l 
unshaken  fidelity.     The  opinion  that  they  are  in- 
ferior in  the  faculties  of  reason  and  imagination.^ 
must  be  hazarded  with  great  diffidence.     To  justify! 
a  general  conclusion,   requires  many  observations,! 
even  where  the  subject  may  be  submitted  to  ihgm 
anatomical  knife,  to  optical  glasses,  to  analysis  by 
fire  or  by  solvents.     How  much  more  then  whereS 
it  is  a  faculty,  not  a  substance,  we  are  examining;! 
where  it  eludes  the  research  of  all  the  senses ;  whei 
the    conditions   of    its   existence    are   various   and ' 
variously    combined;  where    the    effects    of    those 
which  are  present  or  absent  bid  defiance  to  calcula- 
tion; let  me  add  too,   as  a  circumstance  of  < 
tenderness,  where  our  conclusion  would  i 
whole  race  of  men  from  the  rank  in  the  scale  ( 
beings  which  their  Creator  may  perhaps  have  giva 
them.     To   our  reproach    it   must    be   said, 
though  for  a  century  and  a  half  we  have  had  unda 
our  eyes  the  races  of  black  and  of  red  men,  they  havi 

Notes  on  Virginia  201 

never  yet  been  viewed  by  us  as  subjects  of  natural 
history.  I  advance  it,  therefore,  as  a  suspicion  only, 
that  the  blacks,  whether  originally  a  distinct  race, 
or  made  distinct  by  time  and  circimistances,  are 
inferior  to  the  whites  in  the  endowments  both  of 
body  and  mind.  It  is  not  against  experience  to 
suppose  that  different  species  of  the  same  genus,  or 
varieties  of  the  same  species,  may  possess  different 
qualifications.  Will  not  a  lover  of  natural  history 
then,  one  who  views  the  gradations  in  all  the  races 
of  animals  with  the  eye  of  philosophy,  excuse  an 
effort  to  keep  those  in  the  department  of  man  as 
distinct  as  nature  has  formed  them?  This  vmfortu- 
nate  difference  of  color,  and  perhaps  of  faculty,  is  a 
powerful  obstacle  to  the  emancipation  of  these 
people.  Many  of  their  advocates,  while  they  wish 
to  vindicate  the  liberty  of  htmian  nature,  are  anx- 
ious also  to  preserve  its  dignity  and  beauty.  Some 
of  these,  embarrassed  by  the  question,  "  What  fur- 
ther is  to  be  done  with  them?*'  join  themselves  in 
opposition  with  those  who  are  actuated  by  sordid 
avarice  only.  Among  the  Romans  emancipation 
required  but  one  effort.  The  slave,  when  made  free, 
might  mix  with,  without  staining  the  blood  of  his 
master.  But  with  us  a  second  is  necessary,  un- 
known to  history.  When  freed,  he  is  to  be  removed 
beyond  the  reach  of  mixture. 

The  revised  code  f tuther  proposes  to  proportion 
crimes  and  punishments.  This  is  attempted  on  the 
following  scale: 

Jefferson's  Works 

Dvath  by  hajieingr 

Forfeiture  of  landi  and  ^oods  to  tbe  cofnin 
.    DcBthbyhansing.     Dissection. 

Porfdtun  u(  half  the  landi  and  goodi  to 
of  the  p«rt¥  >lain. 
^y  poison.     Death  by  poison. 

Porfeituic  ol  one-half,  as  before 
[nduel.  Death  by  hantting.     CibbetinE.  if  thechatkninr. 

Forfeiture  of  one-half  as  twfore,  unless  it  '      --■ 
party  chiJIenged.  then  the  fnrfdtu™  i< 

Sodomy  . .  .  /  "'™»™ 
,.  Maiming  .  .  i  Betalial 
.  Dinfiguring.J      the  bu 

he  forfdtun  of  half  of  the  lands  and  goods  M 
^Il.yearsforlhepubtic.    Porteilure  of  h»tf. 


\.  Asportation  of  vr 

i,  Boislary. 
r.  House-bresidng. 
1.  none-stealing. 
).  Giand  larceny. 
1.  Petty  Urceny. 

14-  Apostasy,    lien 

ney.    Labor  VI.  yrairs 

}  Labor  IV.  ynn 
I  Ubor  III.  yean 
Labor  II .  yean 

Reparalion  double. 



Rcparatton ,  raiory. 

Pardon  and  privilege  of  clerg>-  are  proposed  to  be 
abolished ;  but  if  the  verdict  be  against  the  defend- 
ant, the  court  in  their  discretion  may  allow  a  new 
trial.  No  attainder  to  cause  a  corruption  of  blood,* 
or  forfeiture  of  dower.  Slaves  guilty  of  offencefta 
punishable  in  others  by  labor,  to  be  transported  to 
Africa,  or  elsewhere,  as  the  circumstances  of  the 
time  admit,  there  to  be  continued  in  slavery.  A 
rigorous  regimen  proposed  for  those  < 

)se  condemned  tO^H 

Notes  on  Virginia  203 

Another  object  of  the  revisal  is  to  diffuse  knowl- 
edge more  generally  through  the  mass  of  the  people. 
This  bill  proposes  to  lay  off  every  cotmty  into  small 
districts  of  five  or  six  miles  square,  called  htmdreds, 
and  in  each  of  them  to  establish  a  school  for  teach- 
ing, reading,  writing,  and  arithmetic.  The  tutor  to 
be  supported  by  the  hundred,  and  every  person  in 
it  entitled  to  send  their  children  three  years  gratis, 
and  as  much  longer  as  they  please,  paying  for  it. 
These  schools  to  be  under  a  visitor  who  is  annually 
to  choose  the  boy  of  best  genius  in  the  school,  of 
those  whose  parents  are  too  poor  to  give  them 
further  education,  and  to  send  him  forward  to  one  of 
the  grammar  schools,  of  which  twenty  are  proposed 
to  be  erected  in  different  parts  of  the  country,  for 
teaching  Greek,  Latin,  Geography,  and  the  higher 
branches  of  numerical  arithmetic.  Of  the  boys  thus 
sent  in  one  year,  trial  is  to  be  made  at  the  grammar 
schools  one  or  two  years,  and  the  best  genius  of  the 
whole  selected,  and  continued  six  years,  and  the 
residue  dismissed.  By  this  means  twenty  of  the 
best  geniuses  will  be  raked  from  the  rubbish  annually, 
and  be  instructed,  at  the  public  expense,  so  far  as 
the  grammar  schools  go.  At  the  end  of  six  years' 
instruction,  one  half  are  to  be  discontinued  (from 
among  whom  the  grammar  schools  will  probably  be 
supplied  with  future  masters) ;  and  the  other  half, 
who  are  to  be  chosen  for  the  superiority  of  their 
parts  and  disposition,  are  to  be  sent  and  continued 
three  years  in  the  study  of  such  sciences  as  they  shall 

Jefferson's  Works 

choose,  at  William  and  Marj'  college,  the  plan  of'' 
which  is  proposed  to  be  enlarged,  as  will  be  hereafter 
explained,  and  extended  to  all  the  useftil  sciences. 
The  ultimate  result  of  the  whole  scheme  of  education 
would  be  the  teaching  all  the  children  of  the  State' 
reading,  writing,  and  common  arithmetic;  tumii^' 
out  ten  annually,  of  superior  genius,  well  taught  in 
Greek,  Latin,  Geography,  and  the  higher  branches 
of  arithmetic;  turning  out  ten  others  annually,  of 
still  superior  parts,  who,  to  those  branches  of  learn- 
ing, shall  have  added  such  of  the  sciences  as  their 
genius  shall  have  led  them  to;  the  fumisliing  to 
the  wealthier  part  of  the  people  convenient  schools 
at  which  their  children  may  be  educated  at  theit 
own  expense.  The  general  objects  of  this  law  are, 
to  provide  an  education  adapted  to  the  years, 
the  capacity,  and  the  condition  of  every  one,  i 
directed  to  their  freedom  and  happiness.  Speci: 
details  were  not  proper  for  the  law.  These  must  be 
the  business  of  the  visitors  entrusted  with  its  execu- 
tion. The  first  stage  of  this  education  being  the 
schools  of  the  hundreds,  wherein  the  great  mass  of 
the  people  will  receive  their  instruction,  the  principal 
foundations  of  future  order  will  be  laid  here.  In-3 
stead,  therefore,  of  putting  the  Bible  and  Testari| 
ment  into  the  hands  of  the  children  at  an  age  when 
their  judgments  are  not  sufficiently  matured  for 
religious  inquiries,  their  memories  may  here  be  stored 
with  the  most  useful  facts  from  Grecian,  Roman, 
European  and  American  history.    The  first  elemenl 


Notes  on  Virginia  ^05 

of  morality  too  may  be  instilled  into  their  minds; 
such  as,  when  further  developed  as  their  judgments 
advance  in  strength,  may  teach  them  how  to  work 
out  their  own  greatest  happiness,  by  showing  them 
that  it  does  not  depend  on  the  condition  of  life  in 
which  chance  has  placed  them,  but  is  always  the 
result  of  a  good  conscience,  good  health,  occupation, 
and  freedom  in  all  just  pursuits.  Those  whom 
either  the  wealth  of  their  parents  or  the  adoption  of 
the  State  shall  destine  to  higher  degrees  of  learning, 
will  go  on  to  the  grammar  schools,  which  constitute 
the  next  stage,  there  to  be  instructed  in  the  lan- 
guages. The  learning  Greek  and  Latin,  I  am  told,  is 
going  into  disuse  in  Europe.  I  know  not  what  their 
manners  and  occupations  may  call  for ;  but  it  would 
be  very  ill-judged  in  us  to  follow  their  example  in 
this  instance.  There  is  a  certain  period  of  life,  say 
from  eight  to  fifteen  or  sixteen  years  of  age,  when 
the  mind  like  the  body  is  not  yet  firm  enough  for 
laborious  and  close  operations.  If  applied  to  such, 
it  falls  an  early  victim  to  premature  exertion;  ex- 
hibiting, indeed,  at  first,  in  these  yoimg  and  tender 
subjects,  the  flattering  appearance  of  their  being 
men  while  they  are  yet  children,  but  ending  in 
reducing  them  to  be  children  when  they  should 
be  men.  The  memory  is  then  most  susceptible 
and  tenacious  of  impressions;  and  the  learning  of 
langu£^es  being  chiefly  a  work  of  memory,  it  seems 
precisely  fitted  to  the  powers  of  this  period,  which  is 
long  enough,  too,  for  acquiring  the  most  useful  Ian- 


Jefferson's  Works 

guages,  ancient  and  modem.  I  do  not  pretend  that? 
language  is  science.  It  is  only  an  instrument  f( 
the  attainment  of  science.  But  that  time  is  not  lostj 
which  is  employed  in  providing  tools  for  future  oper-' 
ration ;  more  especially  as  in  this  case  the  books  put 
into  the  hands  of  the  youth  for  this  purpose  may  be 
such  as  will  at  the  same  time  impress  their  minds 
with  useful  facts  and  good  principles.  If  this  period 
be  suffered  to  pass  in  idleness,  the  mind  becomes 
lethargic  and  impotent,  as  would  the  body  it  inhabits 
if  unexercised  during  the  same  time.  The  sjTnpathy 
between  body  and  mind  during  their  rise,  progress 
and  decline,  is  too  strict  and  obvious  to  endangw 
our  being  missed  while  we  reason  from  the  one 
the  other.  As  soon  as  they  are  of  sufficient  age, 
is  supposed  they  will  be  sent  on  from  the  grammar 
schools  to  the  university,  which  constitutes  our 
third  and  last  stage,  there  to  study  those  sciences 
which  may  be  adapted  to  their  views.  By  that  f>art 
of  our  plan  which  prescribes  the  selection  of  the 
youths  of  genius  from  among  the  classes  of  the  poor, 
we  hope  to  avail  the  State  of  those  talents  which 
nature  has  sown  as  liberally  among  the  poor  as  the 
rich,  but  which  perish  without  use,  if  not  sought  iar; 
and  cultivated.  But  of  the  views  of  this  law  none 
is  more  important,  none  more  legitimate,  than  that 
of  rendering  the  people  the  safe,  as  they  are  the 
ultimate,  guardians  of  their  own  liberty.  For  this 
purpose  the  reading  in  the  first  stage,  where  they 
receive  their  whole  education, 


Notes  on  Virginia  207 

been  said,  to  be  chiefly  historical.  History,  by 
apprizing  them  of  the  past,  will  enable  them  to 
judge  of  the  future;  it  will  avail  them  of  the  experi- 
ence of  other  times  and  other  nations ;  it  will  qualify 
them  as  judges  of  the  actions  and  designs  of  men; 
it  will  enable  them  to  know  ambition  under  every 
disguise  it  may  assume;  and  knowing  it,  to  defeat 
its  views.  In  every  government  on  earth  is  some 
trace  of  human  weakness,  some  germ  of  corruption 
and  degeneracy,  which  cunning  will  discover,  and 
wickedness  insensibly  open,  cultivate  and  improve. 
Every  government  degenerates  when  trusted  to 
the  rulers  of  the  people  alqne.  The  people  them- 
selves therefore  are  its  only  safe  depositories.  And 
to  render  even  them  safe,  their  minds  must  be  im- 
proved to  a  certain  degree.  This  indeed  is  not  all 
that  is  necessary,  though  it  be  essentially  necessary. 
An  amendment  of  our  constitution  must  here  come 
in  aid  of  the  public  education.  The  influence  over 
government  must  be  shared  among  all  the  people. 
If  every  individual  which  composes  their  mass  par- 
ticipates of  the  ultimate  authority,  the  government 
will  be  safe ;  because  the  corrupting  the  whole  mass 
will  exceed  any  private  resotu-ces  of  wealth;  and 
public  ones  cannot  be  provided  but  by  levies  on  the 
people. .  In  this  case  every  man  would  have  to  pay 
his  own  price.  The  government  of  Great  Britain 
has  been  corrupted,  because  but  one  man  in  ten  has 
a  right  to  vote  for  members  of  parliament.  The 
sellers  of  the  government,  therefore,  get  nine-tenths 


Jefferson's  Works 

of  their  price  clear.  It  has  been  thought  that  cor- 
ruption is  restrained  by  confining  the  right  of  suffrage 
to  a  few  of  the  wealthier  of  the  people ;  but  it  would 
be  more  effectually  restrained  by  an  extension  of 
that  right  to  such  members  as  would  bid  defiance  to 
the  means  of  corruption. 

Lastly,  it  is  proposed,  by  a  bUl  in  this  revisal,  to 
begin  a  public  library  and  gallery,  by  laying  out  a 
certain  sum  annually  in  books,  paintings,  and  statues. 


The  Colleges  and  Public  Establishmenls,  the  Roads, 
Buildings,  &c. 
The  college  of  William  and  Mary  is  the  only  public 
seminary  of  learning  in  this  State.  It  was  founded 
in  the  time  of  king  William  and  queen  Mar\-,  who 
granted  to  it  twenty  thoui^and  acres  of  land,  and  a 
penny  a  pound  duty  on  certain  tobaccoes  exported 
from  Virginia  and  Mai"yland,  which  had  been  levied 
by  the  statute  of  25  Car.  II.  The  assembly  also 
gave  it,  by  temporary  laws,  a  duty  on  liquors  im- 
ported, and  skins  and  furs  exported.  From  these 
resources  it  received  upwards  of  three  thousand 
pounds  communibus  annis.  The  buildings  are  of 
brick,  sufficient  for  an  indifferent  accommodation 
of  perhaps  an  hundred  students.  By  its  charter  it 
was  to  be  under  the  government  of  twenty  visitors. 
who  were  to  be  its  legislators,  and  to  have  a  presi- 
dent and  six  professors,  who  were  incorporated.     It 

Notes  on  Virginia  209 

was  allowed  a  representative  in  the  general  assem- 
bly.    Under  this  charter,  a  professorship  of  the  Greek 
and  Latin  languages,  a  professorship  of  mathematics, 
one  of  moral  philosophy,  and  two  of  divinity,  were 
established.     To  these  were  annexed,  for  a  sixth 
professorship,  a  considerable  donation  by  Mr.  Boyle, 
of  England,  for  the  instruction  of  the  Indians,  and 
"their  conversion  to  Christianity.     This  was  called 
^he  professorship  of  Brafferton,  from  an  estate  of 
^hat  name  in  England,  purchased  with  the  monies 
^ven.     The  admission  of  the  learners  of  Latin  and 
<jreek  filled  the  college  with  children.     This  render- 
ing it  disagreeable  and  degrading  to  yotmg  gentlemen 
.already  prepared  for  entering  on  the  sciences,  they 
^^vere  discouraged  from  resorting  to  it,  and  thus  the 
^schools    for   mathematics    and    moral    philosophy, 
^^hich  might  have  been  of  some  service,  became  of 
^%^ery  little.    The  revenues,  too,  were  exhausted  in 
^accommodating  those  who  came  only  to  acquire  the 
idiments  of  science.     After  the  present  revolution, 
;he  visitors,  having  no  power  to  change  those  circum- 
stances in  the  constitution  of  the  college  which  were 
"^fixed  by  the  charter,  and  being  therefore  confined 
:iai  the  number  of  the  professorships,  undertook  to 
^i^hange   the   objects   of   the   professorships.     They 
^^xcluded  the  two  schools  for  divinity,  and  that  for 
"tlie  Greek  and  Latin  languages,   and  substituted 
►thers ;  so  that  at  present  they  stand  thus : 
A  Professorship  for  Law  and  Police ; 
Anatomy  and  Medicine; 

VOL.  II — 14 


JeHerson's  Works 

A  Natural  Philosophy  and  Mathenaatics 

Moral    Philosophy,    the    Law   of    Nature   and 

Nations,  the  Fine  Arts; 
Modem  Languages; 
For  the  Brafferton. 
And  it  is  proposed,  so  soon  as  the  legislature  si 
have  leisure  to  take  up  this  subject,  to  desire  author- 
ity from  them  to  increase  the  number  of  jjrofessor- 
ships,  as  well  for  the  purpose  of  subdividing  those 
already  instituted,  as  of  adding  others  for  other 
branches  of  science.  To  the  professorships  usually 
established  in  the  universities  of  Europe,  it  would 
seem  proper  to  add  one  for  the  ancient  languages  and 
literature  of  the  north,  on  account  of  their  connec- 
tion with  our  own  language,  laws,  customs,  and  his- 
tory. The  purposes  of  the  Brafferton  institution 
would  be  better  answered  by  maintaining  a  perpet- 
ual mission  among  the  Indian  tribes,  the  object  of 
which,  besides  instructing  them  in  the  principles  of 
Christianity,  as  the  founder  requires,  should  be  to 
collect  their  traditions,  laws,  ctistoms,  languages, 
and  other  circumstances  which  might  lead  to  a  dis- 
covery of  their  relation  with  one  another,  or  descent 
from  other  nations.  When  these  objects  are  ac- 
complished with  one  tribe,  the  missionary  might 
pass  on  to  another. 

The  roads  are  under  the  government  of  the  county 
courts,  subject  to  be  controlled  by  the  general  court. 
They  order  new  roads  to  be  opened  wherever  they 
think    them    necessary.    The    inhabitants    of    the 

Notes  on  Virginia  ^ii 

cotinty  are  by  them  laid  off  into  precincts,  to  each  of 
which  they  allot  a  convenient  portion  of  the  public 
roads  to  be  kept  in  repair.  Such  bridges  as  may  be 
built  without  the  assistance  of  artificers,  they  are 
to  build.  If  the  stream  be  such  as  to  require  a  bridge 
of  regular  workmanship,  the  court  employs  workmen 
to  build  it,  at  the  expense  of  the  whole  county.  If  it 
be  too  great  for  the  county,  application  is  made  to 
the  general  assembly,  who  authorize  individuals 
to  btiild  it,  and  to  take  a  fixed  toll  from  all  passen- 
gers, or  give  sanction  to  such  other  proposition  as  to 
them  appears  reasonable. 

Ferries  are  admitted  only  at  such  places  as  are 
{particularly  pointed  out  by  law,  and  the  rates  of 
ferriage  are  fixed. 

Taverns  are  licensed  by  the  coiuts,  who  fix  their 
rates  from  time  to  time. 

The  private  buildings  are  very  rarely  constructed 
of  stone  or  brick,  much  the  greatest  portion  being  of 
scantling  and  boards,  plastered  with  lime.  It  is 
impossible  to  devise  things  more  ugly,  uncomfort- 
able, and  happrily  more  perishable.  There  are  two 
or  three  plans,  on  one  of  which,  according  to  its 
size,  most  of  the  houses  in  the  State  are  built.  The 
poorest  people  build  huts  of  logs,  laid  horizontally 
in  pens,  stopping  the  interstices  with  mud.  These 
are  warmer  in  winter,  and  cooler  in  summer,  than 
the  more  expensive  construction  of  scantling  and 
plank.  The  wealthy  are  attentive  to  the  raising  of 
vegetables,  but  very  little  so  to  fniits.     The  poorer 

Jefferson's  Works 

people  attend  to  neither,  living  principally  on  milk 
and  animal  diet.  This  is  the  more  inexcusable,  as 
the  climate  requires  indispensably  a  free  use  of 
vegetable  food,  for  health  as  well  as  comfort,  and  is 
very  friendly  to  the  raising  of  fruits.  The  only  pub- 
lic buildings  worthy  of  mention  are  the  capitol,  the 
palace,  the  college,  and  the  hospital  for  lunatics, 
all  of  them  in  Williamsburg,  heretofore  the  seat  of 
our  government.  The  capitol  is  a  light  and  air;- 
structure,  with  a  portico  in  front  of  two  orders,  the 
lower  of  which,  being  Doric,  is  tolerably  just  in  its 
proportions  and  ornaments,  save  only  that  the  inter- 
colonations  are  too  large.  The  upper  is  Ionic,  much 
too  small  for  that  on  which  it  is  mounted,  its  orna- 
ments not  proper  to  the  order,  nor  proportioned 
within  themselves.  It  is  crowned  with  a  pediment, 
which  is  too  high  for  its  span.  Yet,  on  the  whole, 
it  is  the  most  pleasing  piece  of  architecture  we  have. 
The  palace  is  not  handsome  without,  but  it  is  spa- 
cious and  commodious  within,  is  prettily  situated, 
and  with  the  grounds  annexed  to  it,  is  capable  of 
being  made  an  elegant  seat.  The  college  and  hos- 
pital are  rude,  misshapen  piles,  which,  but  that  they 
have  roofs,  would  be  taken  for  brick-kilns.  There 
are  no  other  public  buildings  but  churches  and  court- 
houses, in  which  no  attempts  are  made  at  elegance. 
Indeed,  it  would  not  be  easy  to  execute  such  an  at- 
tempt, as  a  workman  could  scarcely  be  found  capa- 
ble of  drawing  an  order.  The  genius  of  architecture 
seems  to  have  shed  its  maledictions  over  this  land. 

Notes  on  Virginia  213 

Btiildings  are  often  erected,  by  individuals,  of  consid- 
erable expense.     To  give  these  symmetry  and  taste, 
would  not  increase  their  cost.     It  would  only  change 
the  arrangement  of  the  materials,  the  form  and  com- 
bination of  the  members.     This  would  often  cost 
less  than  the  burthen  of  barbarous  ornaments  with 
which  these  buildings  are  sometimes  charged.     But 
the  first  principles  of  the  art  are  unknown,  and  there 
exists  scarcely  a  model  among  us  sufficiently  chaste 
to  give  an  idea  of  them.     Architectiu-e  being  one  of 
the  fine  arts,  and  as  such  within  the  department  of  a 
professor  of  the  college,  according  to  the  new  arrange- 
ment, perhaps  a  spark  may  fall  on  some  young  sub- 
jects of  natural  taste,  kindle  up  their  genius,  and  pro- 
duce a  reformation  in  this  elegant  and  useful  art. 
But  all  we  shall  do  in  this  way  will  produce  no  per- 
manent  improvement   to   oiu*   country,    while   the 
unhappy  prejudice  prevails  that  houses  of  brick  or 
stone  are  less  wholesome  than  those  of  wood.     A  dew 
is  often  observed  on  the  walls  of  the  former  in  rainy 
^weather,  and  the  most  obvious  solution  is,  that  the 
rain  has  penetrated  through  these  walls.     The  fol- 
lowing facts,  however,  are  sufficient  to  prove  the 
error  of  this  solution:    i.  This  dew  upon  the  walls 
appears  when  there  is  no  rain,  if  the  state  of  the 
atmosphere  be  moist.     2.  It  appears  upon  the  par- 
tition as  well  as  the  exterior  walls.     3.  So,  also,  on 
pavements  of  brick  or  stone.     4.  It  is  more  copious 
in  proportion  as  the  walls  are  thicker ;  the  reverse  of 
^hich  ought  to  be  the  case,  if  this  hypothesis  were 

314  Jefferson's  Works 

just.  If  cold  water  be  poured  into  a  vessel  of  stone, 
or  glass,  a  dew  forms  instantly  on  the  outside;  but 
if  it  be  poured  into  a  vessel  of  wood,  there  is  no  such 
appearance.  It  is  not  supposed,  in  the  first  case, 
that  the  water  has  exuded  through  the  glass,  but 
that  it  is  precipitated  from  the  circumambient  air; 
as  the  humid  particles  of  vapor,  passing  from  the 
boiler  of  an  alembic  through  its  refrigerant,  are  pre- 
cipitated from  the  air,  in  which  they  are  suspended. 
on  the  internal  surface  of  the  refrigerant.  Walls  of 
brick  and  stone  act  as  the  refrigerant  in  this  instance. 
They  are  sufficiently  cold  to  condense  and  precipitate 
the  moisture  suspended  in  the  air  of  the  room,  when 
it  is  heavily  charged  therewith.  But  walls  of  wood 
are  not  so.  The  question  then  is,  whether  the  air  in 
which  this  moisture  is  left  floating,  or  that  which  is 
deprived  of  it,  be  most  wholesome?  In  both  cases 
the  remedy  is  easy.  A  little  fire  kindled  in  the  room, 
whenever  the  air  is  damp,  prevents  the  precipitation 
on  the  walls ;  and  this  practice,  found  healthy  in  the 
warmest  as  well  as  coldest  seasons,  is  as  necessary  in 
a  wooden  as  in  a  stone  or  brick  house.  I  do  not  mean 
to  say  that  the  rain  never  penetrates  through  walls 
of  brick.  On  the  contrary,  I  have  seen  instances 
of  it.  But  with  us  it  is  only  through  the  northern 
and  eastern  walls  of  the  house,  after  a  north- 
easterly storm,  this  being  the  only  one  which  con- 
tinues long  enough  to  force  through  the  walls.  This, 
however,  happens  too  rarely  to  give  a  just  character 
of  unwholesomeness  to  such  houses.     In  a  house,  the 

Notes  on  Virginia  215 

walls  of  which  are  of  well-burnt  brick  and  good  mor- 
tar, I  have  seen  the  rain  penetrate  through  but  twice 
in  a  dozen  or  fifteen  years.     The  inhabitants  of 
Europe,  who  dwell  chiefly  in  houses  of  stone  or  brick, 
are  surely  as  healthy  as  those  of  Virginia.     These 
liouses  have  the  advantage,  too,  of  being  warmer  in 
lyinter  and  cooler  in  summer  than  those  of  wood; 
of  being  cheaper  in  their  first  construction,  where 
lime  is  convenient,  and  infinitely  more  durable.     The 
latter  consideration  renders  it  of  great  importance 
"to  eradicate  this  prejudice  from  the  minds  of  our 
<x)untrymen.     A   country   whose  buildings   are   of 
"wood,  can  never  increase  in  its  improvements  to  any 
<x)nsiderable  degree.     Their  duration  is  highly  esti- 
xnated  at  fifty  years.     Every  half  century  then  our 
<x)untry  becomes  a  tabula  rasa^  whereon  we  have  to 
set  out  anew,  as  in  the  first  moment  of  seating  it. 
AVhereas  when  buildings  are  of  durable  materials, 
^very  new  edifice  is  an  actual  and  permanent  acquisi- 
tion to  the  State,  adding  to  its  value  as  well  as  to  its 


The  measures  taken  with  regard  to  the  estates  and 
possessions  of  the  Rebels  ^  commonly  called  Tories  f 

A  tory  has  been  properly  defined  to  be  a  traitor  in 
thought  but  not  in  deed.  The  only  description,  by 
which  the  laws  have  endeavored  to  come  at  them, 

was  that  of  non-jurprs,  or  persons  refusing  to  take 


2i6  Jefferson's  Works 

the  oath  of  fidelity  to  the  State.  Persons  of  this 
description  were  at  one  time  subjected  to  double 
taxation,  at  another  to  treble,  and  lastly  were  al- 
lowed retribution,  and  placed  on  a  level  with  good 
citizens.  It  may  be  mentioned  as  a  proof,  both  of 
the  lenity  of  our  government,  and  unanimity  of  its 
inhabitants,  that  though  this  war  has  now  raged 
near  seven  years,  not  a  single  execution  for  treason 
has  taken  place. 

Under  this  query  I  will  state  the  measures  which 
have  been  adopted  as  to  British  property,  the  own- 
ers of  which  stand  on  a  much  fairer  footing  than  the 
tories.  By  our  laws,  the  same  as  the  English  as  in 
this  respect,  no  alien  can  hold  lands,  nor  alien  enemy 
maintain  an  action  for  money,  or  other  movable 
thing.  Lands  acquired  or  held  by  aliens  become 
forfeited  to  the  State;  and,  on  an  action  by  an 
alien  enemy  to  recover  money,  or  other  movable 
property,  the  defendant  may  plead  that  he  is  an 
alien  enemy.  This  extinguishes  his  right  in  the 
hands  of  the  debtor  or  holder  of  his  movable  prop- 
erty. By  our  separation  from  Great  Britain,  Brit- 
ish subjects  became  aliens,  and  being  at  war,  they 
were  alien  enemies.  Their  lands  were  of  course  for-!* 
feited,  and  their  debts  irrecoverable.  The  asseiiM 
bly,  however,  passed  laws  at  various  times,  for  sav- 
ing their  property.  They  first  sequestered  their 
lands,  slaves,  and  other  property  on  their  farms  in 
the  hands  of  commissioners,  who  were  mostly  the 
confidential  friends  or  agents  of  the  owners,  and 


Notes  on  Virginia  217 

directed  their  clear  profits  to  be  paid  into  the  treas- 
ury ;  and  they  gave  leave  to  all  persons  owing  debts 
to  British  subjects  to  pay  them  also  into  the  treas- 
ury.    The  monies  so  to  be  brought  in  were  declared 
to  remain  the  property  of  the  British  subject,  and 
if  used  by  the  State,  were  to  be  repaid,  unless  an 
improper  conduct  in  Great  Britain  should  render  a 
detention  of  it  reasonable.     Depreciation  had  at 
that  time,  though  tmacknowledged  and  unperceived 
by  the  whigs,  begim  in  some  small  degree.     Grreat 
sums  of  money  were  paid  in  by  debtors.    At  a  later 
period,  the  assembly,  adhering  to  the  political  prin- 
ciples which  forbid  an  alien  to  hold  lands  in  the 
State,  ordered  all  British  property  to  be  sold;  and, 
become  sensible  of  the  real  progress  of  depreciation, 
and  of  the  losses  which  would  thence  occur,  if  not 
guarded  against,  they  ordered  that  the  proceeds  of  the 
sales  should  be  converted  into  their  then  worth  in 
tobacco,  subject  to  the  future  direction  of  the  legis- 
lature.    This  act  has  left  the  question  of  retribution 
move  problematical.     In   May,    1780,   another  act 
^took  away  the  permission  to  pay  into  the  public 
treasury  debts  due  to  British  subjects. 


The  different  religions  received  into  that  State? 

The  first  settlers  in  this  country  were  emigrants 
<rom  England,  of  the  English  Church,  just  at  a  point 
of  time  when  it  was  flushed  with  complete  victory 

Jefferson's  Works 

over  the  religious  of  all  other  persuasions.  Pos- 
sessed, as  they  became,  of  the  powers  of  making, 
administering,  and  executing  the  laws,  they  showed 
equal  intolerance  in  this  country  with  their  Presby- 
terian brethren,  who  had  emigrated  to  the  northern 
government.  The  poor  Quakers  were  flying  from 
persecution  in  England.  They  cast  their  eyes  on 
these  new  coimtries  as  asylums  of  civil  and  religious 
freedom;  but  they  found  them  free  only  for  the 
reigning  sect.  Several  acts  of  the  Virginia  assembly 
of  1659,  1662,  and  1693,  had  made  it  penal  in  parents 
to  refuse  to  have  their  children  baptized;  had  pro- 
hibited the  unlawftil  assembling  of  Quakers;  had 
made  it  penal  for  any  master  of  a  vessel  to  bring  a 
Quaker  into  the  State;  had  ordered  those  already 
here,  and  such  as  should  come  thereafter,  to  be  im- 
prisoned till  they  should  abjure  the  country;  pro- 
vided a  milder  punishment  for  their  first  and  second 
return,  but  death  for  their  third;  had  inhibited  all 
persons  from  suffering  their  meetings  in  or  near 
their  houses,  entertaining  them  individually,  or 
disposing  of  books  which  supported  their  tenets. 
If  no  execution  took  place  here,  as  did  in  New  Eng- 
land, it  was  not  owing  to  the  moderation  of  the 
church,  or  spirit  of  the  legislature,  as  may  be  inferred 
from  the  law  itself;  but  to  historical  circumstances 
which  have  not  been  handed  down  to  us.  The  An- 
glicans retained  full  possession  of  the  country  aliout 
a  century.  Other  opinions  began  then  to  creep  in, 
and  the  great  care  of  the  government  to  support  their  , 

Notes  on  Virginia  219 

own  church,  having  begotten  an  equal  degree  of 
indolence  in  its  clergy,  two-thirds  of  the  people  had 
become  dissenters  at  the  commencement  of  the 
present  revolution.  The  laws,  indeed,  were  still 
oppressive  on  them,  but  the  spirit  of  the  one  party 
had  subsided  into  moderation,  and  of  the  other  had 
risen  to  a  degree  of  determination  which  commanded  ' 

le  present  state  of  our  laws  on  the  subject  of 
religion  is  this.  The  convention  of  May  1 7 76,  in  their 
declaration  of  rights,  declared  it  to  be  a  truth,  and 
a  natural  right,  that  the  exercise  of  religion  should 
be  free;  but  when  they  proceeded  to  form  on  that 
declaration  the  ordinance  of  government,  instead 
of  taking  up  every  principle  declared  in  the  bill  of 
rights,  and  guarding  it  by  legislative  sanction,  they 
passed  over  that  which  asserted  our  religious  rights, 
leaving  them  as  they  found  them.  The  same  con- 
vention, however,  when  they  met  as  a  member  of  the 
general  assembly  in  October,  1776,  repealed  all  acts 
of  Parliament  which  had  rendered  criminal  the  main- 
taining any  opinions  in  matters  of  religion,  the  for- 
bearing to  repair  to  church,  and  the  exercising  any 
mode  of  worship;  and  suspended  the  laws  giving 
salaries  to  the  clergy,  which  suspension  was  made 
perpetual  in  October,  1779.  Statutory  oppressions 
in  religion  being  thus  wiped  away,  we  remain  at 
present  under  those  only  imposed  by  the  common 
law,  or  by  our  own  acts  of  assembly. '  At  the  com- 
mon law,  heresy  was  a  capital  offence,  punishable 

220  Jefferson's  Works 

by  burning.  Its  definition  was  left  to  the  eccle- 
siastical judges,  before  whom  the  conviction  was,  till 
the  statute  of  the  i  El.  c.  i  circumscribed  it,  by  de- 
claring, that  nothing  should  be  deemed  heresy,  but 
what  had  been  so  determined  by  authority  of  the 
canonical  scriptures,  or  by  one  of  the  four  first  gen- 
eral councils,  or  by  other  council,  having  for  the 
grounds  of  their  declaration  the  express  and  plain 
words  of  the  scriptures.  Heresy,  thus  circumscribed, 
being  an  offence  against  the  common  law,  our  act  of 
assembly  of  October  1777,  c.  17,  gives  cognizance  of  it 
to  the  general  court,  by  declaring  that  the  jurisdic- 
tion of  that  court  shall  be  general  in  all  matters  at 
the  common  law.  The  execution  is  by  the  writ  De 
hcnretico  comburendo.  By  our  own  act  of  assembly 
of  1 705,  c.  30,  if  a  person  brought  up  in  the  Christian 
religion  denies  the  being  of  a  God,  or  the  Trinity,  or 
asserts  there  are  more  gods  than  one,  or  denies  the 
Christian  religion  to  be  true,  or  the  scriptures  to  be 
of  divine  authority,  he  is  punishable  on  the  first 
offence  by  incapacity  to  hold  any  office  or  employ- 
ment ecclesiastical,  civil,  or  military;  on  the  second 
by  disability  to  sue,  to  take  any  gift  or  legacy,  to  be 
guardian,  executor,  or  administrator,  and  by  three 
years'  imprisonment  without  bail.  A  father's  right 
to  the  custody  of  his  own  children  being  founded 
in  law  on  his  right  of  guardianship,  this  being  taken 
away,  they  may  of  course  be  severed  from  him,  and 
put  by  the  authority  of  a  court  into  more  orthodox 
hands.     This  is  a.  summary  view  of  that  religious 


Notes  on  Virginia  ^^i 

slavery  under  which  a  people  have  been  willing  to 
remain,  who  have  lavished  their  lives  and  fortunes 
for  the  establishment  of  their  civil  freedom.  The 
error*  seems  not  sufficiently  eradicated,  that  the 
operations  of  the  mind,  as  well  as  the  acts  of  the 
body,  are  subject  to  the  coercion  of  the  laws.  But 
our  rulers  can  have  no  authority  over  such  natural 
rights,  only  as  we  have  submitted  to  them.  The 
rights  of  conscience  we  never  submitted,  we  crnild 
not  submit.  We  are  answerable  for  them  U)  rmr 
God.  The  legitimate  powers  of  government  extend 
to  such  acts  only  as  are  injurious  to  r/thers.  But  it 
does  me  no  injiuy  for  my  neighbor  to  say  there  arc 
twenty  gods,  or  no  God.  It  neither  j^cks  my  j xx'ket 
nor  breaks  my  leg.  If  it  be  said,  his  testinv/ny  in 
a  court  of  justice  cannot  be  relied  on,  rcj^^ct  it  tbim^ 
and  be  the  stigma  on  him.  Constraint  may  tnake 
him  worse  by  making  him  a  hyprx:riif%  f/ut  it  will 
never  make  him  a  truer  man.  It  may  ftx  him  of/- 
stinately  in  his  errors,  but  will  wA  cttre  th^rrn,  K/ra- 
son  and  free  inquiry  are  the  only  «f-f?/:)Ct«At  ajffttrt* 
against  error.  Give  a  Wjejt  Xf*  th/rm,  fi^r/  will  imp- 
port  the  true  r^d%ioa  by  brir.j^rr;;^  ^/^y  f^:^  ^Kye 
to  their  tnbcn^  to  tfce  teat  ^A  tfi^w  ir}rV^:^ti^A//r.. 
Thcv  are  the  natttral  erj^^nrJie^  ^4  ^r^/r,  i%xA  ^4  ^r^/r 
only.  Had  ox  the  jfov'rrr^rr>rrv*  ^y^rrrrri-t^/irf 
free  icqarry,  Chr^a^^.r:/  cr/^;>I  r^r/"*t'  r^-/^  ''/^^^i. 
mtrcfdacetL  Ha*!  rx.n  fr^?^  :r^'i;r  /  'r'y^ji'ir.  :^r.4':;i^*^ 
at  the  era  -cf  tEe  Btefr>rrr.a:tu'>r.,  ti-^i^  ^/^rrr/Ajcx.^  ^4 

aaa  Jefferson's  Works 

Christianity  could  not  have  been  purged  away.  If 
it  be  restrained  now,  the  present  corruptions  will 
be  protected,  and  new  ones  encouraged.  Was  the 
government  to  prescribe  to  us  our  medicine  and 
diet,  our  bodies  would  be  in  such  keeping  as  our 
souls  are  now.  Thus  in  France  the  emetic  was  once 
forbidden  as  a  medicine,  and  the  potato  as  an  article 
of  food.  Government  is  just  as  infallible,  too,  when 
it  fixes  systems  in  physics,  Galileo  was  sent  to  the 
Inquisition  for  affirming  that  the  earth  was  a  sphere; 
the  government  had  declared  it  to  be  as  flat  as  a 
trencher,  and  Galileo  was  obliged  to  abjure  his  error. 
This  error,  however,  at  length  prevailed,  the  earth 
became  a  globe,  and  Descartes  declared  it  was 
whirled  round  its  axis  by  a  vortex.  The  govern- 
ment in  which  he  lived  was  wise  enough  to  see  that 
this  was  no  question  of  civil  jurisdiction,  or  we 
should  all  have  been  involved  by  authority  in  vor- 
tices. In  fact,  the  vortices  have  been  exploded. 
and  the  Newtonian  principle  of  gravitation  is  now 
more  firmly  established,  on  the  basis  of  reason, 
than  it  would  be  were  the  government  to  step 
in.  and  to  make  it  an  article  of  necessary  faith. 
Reason  and  experiment  have  been  indulged,  and 
error  has  fied  before  them .  It  is  error  alone 
which  needs  the  support  of  government.  Truth 
can  stand  by  itself.  Subject  opinion  to  coercion : 
whom  will  you  make  your  inquisitors?  Fallible 
men;  men  governed  by  bad  pa,ssions,  by  private 
as  well  as  public  reasons.     And  why  subject  it  to 

Notes  on  Virginia  225 

coercion?  To  produce  uniformity.  But  is  unif ormlliy 
of  opinion  desirable?  No  more  than  of  face  and 
stature.  Introduce  the  bed  of  Procrustes  then,  and 
as  there  is  danger  that  the  large  men  may  beat  the 
small,  make  us  all  of  a  size,  by  lopping  the  former 
and  stretching  the  latter.  Difference  of  opinion  is 
advantageous  in  religion.  The  several  sects  per- 
form the  office  of  a  censor  morum  over  such  other. 
Is  uniformity  attainable?  Millions  of  innocent  men, 
women,  and  children,  since  the  introduction  of 
Christianity,  have  been  btmit,  tortured,  fined, 
imprisoned;  yet  we  have  not  advanced  one  inch 
towards  uniformity.  What  has  been  the  effect  of 
coercion  ?  To  make  one  half  the  world  fools,  and  the 
other  half  hypocrites.  To  support  roguery  and  error 
all  over  the  earth.  Let  us  reflect  that  it  is  inhab- 
ited by  a  thousand  millions  of  people.  That  these 
profess  probably  a  thousand  different  systems  of 
religion.  That  ours  is  but  one  of  that  thousand. 
That  if  there  be  but  one  right,  and  ours  that  one,  we 
should  wish  to  see  the  nine  hundred  and  ninety-nine 
wandering  sects  gathered  into  the  fold  of  truth.  But 
against  such  a  majority  we  cannot  effect  this  by 
force.  Reason  and  persuasion  are  the  only  prac- 
ticable instruments.  To  make  way  for  these,  free 
inquiry  must  be  indulged;  and  how  can  we  wish 
others  to  indulge  it  while  we  refuse  it  ourselves.  But 
every  State,  says  an  inquisitor,  has  established  some 
religion.  No  two,  say  I,  have  established  the  same. 
Is  this  a  proof  of  the  infallibility  of  establishments? 

^  222     /  Jefferson's  Works 

*  ""•"^Our  sister  States  of  Pennsylvania  and  New  York, 
however,  have  long  subsisted  without  any  estab- 
lishment at  all.  The  experiment  was  new  and 
doubtful  when  they  made  it.  It  has  answered 
beyond  conception.  They  flourish  infinitely.  Re- 
ligion is  well  supported;  of  various  kinds,  indeed, 
but  all  good  enough ;  all  sufficient  to  preserve  peace 
and  order;  or  if  a  sect  arises,  whose  tenets  would 
subvert  morals,  good  sense  has  fair  play,  and  reasons 
and  laughs  it  out  of  doors,  without  suffering  the 
State  to  be  troubled  with  it.  They  do  not  hang 
more  malefactors  than  we  do.  They  are  not  more 
disturbed  with  religious  dissensions.  On  the  con- 
trary, their  harmony  is  unparalleled,  and  can  be 
ascribed  to  nothing  but  their  imbounded  tolerance, 
because  there  is  no  other  circumstance  in  which 
they  differ  from  every  nation  on  earth.  They  have 
made  the  happy  discovery,  that  the  way  to  silence 
religious  disputes,  is  to  take  no  notice  of  them.  Let 
us  too  give  this  experiment  fair  play,  and  get  rid, 
while  we  may,  of  those  tyrannical  laws.  It  is  true, 
we  are  as  yet  secured  against  them  by  the  spirit  of 
the  times.  I  doubt  whether  the  people  of  this  coun- 
try would  suffer  an  execution  for  heresy,  or  a  three 
years'  imprisonment  for  not  comprehending  the 
mysteries  of  the  Trinity. .  But  is  the  spirit  of  the 
people  an  infallible,  a  permanent  reliance?  Is  it 
government?  Is  this  the  kind  of  protection  we 
receive  in  return  for  the  rights  we  give  up  ?  Besides, 
the  spirit  of  the  times  may  alter,  will  alter.     Our 

Notes  on  Virginia  225 

rtilers  will  become  cx)rrupt,  our  people  careless.  A 
single  zealot  may  commence  persecutor,  and  better 
men  be  his  victims.  It  can  never  be  too  often  re- 
peated, that  the  time  for  fixing  every  essential  right 
on  a  legal  basis  is  while  our  rulers  are  honest,  and 
otirselves  united.  From  the  conclusion  of  this  war 
we  shall  be  going  down  hill.  It  will  not  then  be 
necessary  to  resort  every  moment  to  the  people 
for  support.  They  will  be  forgotten,  therefore, 
and  their  rights  disregarded.  They  will  forget  them- 
selves, but  in  the  sole  faculty  of  making  money,  and 
will  never  think  of  uniting  to  effect  a  due  respect 
for  their  rights.  The  shackles,  therefore,  which 
shall  not  be  knocked  off  at  the  conclusion  of  this 
war,  will  remain  on  us  long,  will  be  made  heavier 
and  heavier,  till  our  rights  shall  revive  or  expire  in 
a  convulsion. 


The  particular  customs  and  manners  that  may  happen 

to  be  received  in  that  State  ? 

It  is  difficult  to  determine  on  the  standard  by 
which  the  manners  of  a  nation  may  be  tried,  whether 
catholic  or  particular.  It  is  more  difficult  for  a 
native  to  bring  to  that  standard  the  manners  of  his 
own  nation,  familiarized  to  him  by  habit.  There 
must  doubtless  be  an  unhappy  influence  on  the 
manners  of  our  people  produced  by  the  existence 
of   slavery   among  us.     The  whole   commerce  be- 

TOL.  II — 15 

9a6  Jefferson's  Works 

tween  master  and  slave  is  a  perpetual  exercise  of 
the  most  boisterous  passions,  the  most  unremitting 
despotism  on  the  one  part,  and  degrading  submis- 
sions on  the  other.  Our  children  see  this,  and 
learn  to  imitate  it;  for  man  is  an  imitative  animal. 
This  quality  is  the  germ  of  all  education  in  him. 
From  his  cradle  to  his  grave  he  is  learning  to  do 
what  he  sees  others  do.  If  a  parent  could  find  no 
motive  either  in  his  philanthropy  or  his  self-love, 
for  restraining  the  intem])erance  of  passion  towards 
his  slave,  it  should  always  be  a  sufficient  one  that 
his  child  is  present.  But  generally  it  is  not  suffi- 
cient. The  parent  storms,  the  child  looks  on, 
catches  the  lineaments  of  wrath,  puts  on  the  same 
airs  in  the  circle  of  smaller  slaves,  gives  a  loose  to 
the  worst  of  passions,  and  thus  nursed,  educated, 
and  daily  exercised  in  tyranny,  cannot  but  be 
stamped  by  it  with  odious  peculiarities.  The  man 
must  be  a  prodigy  who  can  retain  his  manners  and 
morals  undepraved  by  such  circumstances.  And 
with  what  execration  should  the  statesman  be 
loaded,  who,  permitting  one  half  the  citizens  thus 
to  trample  on  the  rights  of  the  other,  transforms 
those  into  despots,  and  these  into  enemies,  destroys 
the  morals  of  the  one  part,  and  the  amor  patrite  of 
the  other.  For  if  a  slave  can  have  a  country  in  this 
world,  it  must  be  any  other  in  preference  to  that 
in  which  he  is  bom  to  live  and  labor  for  another;  in 
which  he  must  lock  up  the  faculties  of  his  nature 
contribute  as  far  as  depends  on  his  individual  eat- 

*■■      - 

Notes  on  Virginia  227 

deavors  to  the  evanishment  of  the  human  race,  or 
entail  his  own  miserable  condition  on  the  endless 
generations  proceeding  from  him.     With  the  morals 
of  the  people,  their  industry  also  is  destroyed.     For 
in  a  warm  climate,  no  man  will  labor  for  himself 
who  can  make  another  labor  for  him.     This  is  so 
true,  that  of  the  proprietors  of  slaves  a  very  small 
proportion  indeed  are  ever  seen  to  labor.     And  can 
the  liberties  of  a  nation  be  thought  secure  when  we 
have  removed  their  only  firm  basis,  a  conviction  in 
the  minds  of  the  people  that  these  liberties  are  of 
the  gift  of  Gk)d?    That  they  are  not  to  be  violated 
but   with  His   wrath?     Indeed   I   tremble  for  my 
cotintry  when  I  reflect  that  Gk)d  is  just;  that  his 
justice  cannot  sleep  forever;  that  considering  num- 
bers, nature  and  natural  means  only,  a  revolution 
of  the  wheel  of  fortune,  an  exchange  of  situation  is 
among  possible  events;  that  it  may  become  prob- 
able by  supernatural  interference!    The  Almighty 
has  no  attribute  which  can  take  side  with  us  in  such 
a  contest.     But  it  is  impossible  to  be  temperate  and 
to  pursue  this  subject  through  the  various  consider- 
ations of  policy,  of  morals,  of  history  natural  and 
civil.     We  must  be  contented  to  hope  they  will 
force  their  way  into  every  one's  mind.     I  think  a 
change  already  perceptible,  since  the  origin  of  the 
present   revolution.     The   spirit   of   the   master   is 
abating,  that  of  the  slave  rising  from  the  dust,  his 
condition   mollifying,    the  way   I   hope  preparing, 
under  the  auspices  of  heaven,  for  a  total  emancipa- 


228  Jefferson's  Works 

tion,  and  that  this  is  disposed,  in  the  order  of  events, 
to  be  with  the  consent  of  the  masters,  rather  than 
by  their  extirpation. 


The  present  state  of  manufactures ^  commerce^  interior 

and  exterior  trade? 

We  never  had  an  interior  trade  of  any  importance. 
Our  exterior  commerce  has  suffered  very  much  from 
the  beginning  of  the  present  contest.  During  this 
time  we  have  manufactured  within  otir  families  the 
most  necessary  articles  of  clothing.  Those  of  cotton 
will  bear  some  comparison  with  the  same  kinds  of 
manufacture  in  Etirope;  but  those  of  wool,  flax 
and  hemp  are  very  coarse,  unsightly,  and  unpleas- 
ant; and  such  is  otir  attachment  to  agriculture, 
and  such  our  preference  for  foreign  manufactures, 
that  be  it  wise  or  unwise,  otir  people  will  certainly 
return  as  soon  as  they  can,  to  the  raising  raw  mate- 
rials, and  exchanging  them  for  finer  manufactures 
than  they  are  able  to  execute  themselves. 

The  political  economists  of  Europe  have  estab- 
lished it  as  a  principle,   that  every  State  shoul(3 
endeavor  to  manufacture  for  itself;  and  this  prin- 
ciple, like  many  others,  we  transfer  to  America^ 
without  calculating  the  difference  of  circumstance 
which  should  often  produce  a  difference  of  result. 
In  Europe  the  lands  are  either  cultivated,  or  locked 

Notes  on  Virginia  229 

up  against  the  cultivator.     Mantifacture  must  there- 
fore be  resorted  to  of  necessity  not  of  choice,  to  sup- 
port the  surplus  of  their  people.     But  we  have  an 
immensity  of   land   courting  the  industry  of    the 
husbandman.     Is  it  best  then  that  all  our  citizens 
should  be  employed  in  its  improvement,  or  that 
one  half  should  be  called  off  from  that  to  exercise 
nianufactures  and  handicraft  arts  for  the  other? 
Those  who  labor  in  the  earth  are  the  chosen  people 
of  God,  if  ever  He  had  a  chosen  people,  whose  breasts 
He    has  made  His  peculiar  deposit  for  substantial 
and  genuine  virtue.     It  is  the  focus  in  which  he 
ke^ps  alive  that  sacred  fire,  which  otherwise  might 
esoape  from  the  face  of  the  earth.     Corruption  of 
mox^s  in  the  mass  of  cultivators  is  a  phenomenon 
of  "Which  no  age  nor  nation  has  furnished  an  example. 
It   is  the  mark  set  on  those,  who,  not  looking  up  to 
he^^ven,  to  their  own  soil  and  industry,  as  does  the 
husbandman,  for  their  subsistence,   depend  for  it 
otx    casualties  and  caprice  of  customers.     Depend- 
eaoe  begets  subservience  and  venality,  suffocates 
the  germ  of  virtue,  and  prepares  fit  tools  for  the 
designs   of   ambition.     This,   the  natural  progress 
and  consequence  of  the  arts,  has  sometimes  perhaps 
been   retarded   by   accidental    circtimstances ;  but, 
generally  speaking,  the  proportion  which  the  aggre- 
gate of  the  other  classes  of  citizens  bears  in  any 
State  to  that  of  its  husbandmen,  is  the  proportion 
of  its  unsound  to  its  healthy  parts,  and  is  a  good 
enough  barometer  whereby  to  measure  its  degree  of 

230  Jefferson's  Works 

corruption.  While  we  have  land  to  labor  then,  let 
us  never  wish  to  see  our  citizens  occupied  at  a  work- 
bench, or  twirling  a  distaff.  Carpenters,  masons, 
smiths,  are  wanting  in  husbandry;  but,  for  the 
general  operations  of  manufacture,  let  our  work- 
shops remain  in  Europe.  It  is  better  to  carry  pro- 
visions and  materials  to  workmen  there,  than  bring 
them  to  the  provisions  and  materials,  and  with  them 
their  manners  and  principles.  The  loss  by  the 
transportation  of  commodities  across  the  Atlantic 
will  be  made  up  in  happiness  and  permanence  of 
government.  The  mobs  of  great  cities  add  jxist 
so  much  to  the  support  of  pure  government,  as  sores 
do  to  the  strength  of  the  htiman  body.  It  is  the 
manners  and  spirit  of  a  people  which  preserve  a 
republic  in  vigor.  A  degeneracy  in  these  is  a  canker 
which  soon  eats  to  the  heart  of  its  laws  and  con- 


A  notice  of  the  commercial  productions  particular  to 
the  State,  and  of  those  objects  which  the  inhabitants 
are  obliged  to  get  from  Europe  and  from  other  parts 
of  the  world.  ? 

Before  the  present  war  we  exported,  communibus 
annis,  according  to  the  best  information  I  can  get, 
nearly  as  follows: 

Notes  on  Virginia 





Indian  com 


MasU,  planks,  scant- 1 
ling,  shingles,  staves/ 

Tar,  xntch,  turpentine  . 

Peltry,  viz.,  sldns  of 
deer,  beavers,  otters, 
musk  rats,  raccoons, 


Flax-seed,  hemp,  cotton 

IHt  coal,  pig  iron 


Stuxgeon,  white  shad, 

Brandy  from  peaches 
and  i4>ples,  and  whis- 



55,000  hhds.  of  x,ooo  lbs. 
800,000  bushels. 
600,000      ** 

30,000  barrels. 

x8o  hhds.  of  600  lbs. 

4,000  barrels. 

5,000  bushels,  barrels. 

Price  in 

at  3od.  per  hhd. 
at  5-6d.  per  bush, 
at  id.  j>er  bush. 

at  lid.  j>er  bbl. 

at  5- z  ad.  per  lb. 

at  lod.  i>er  bbl. 

at  }d.  per  bush, 
at  aid.  per  bbl. 

Amount  in 









In  the  year  1758  we  exported  seventy  thousand 
hogsheads  of  tobacco,  which  was  the  greatest  quan- 
tity ever  produced  in  this  country  in  one  year.  But 
its  culture  was  fast  declining  at  the  commencement 
of  this  war  and  that  of  wheat  taken  its  place;  and 
it  must  continue  to  decline  on  the  return  of  peace. 
I  suspect  that  the  change  in  the  temperature  of  our 
climate  has  become  sensible  to  that  plant,  which 
to  be  good,  requires  an  extraordinary  degree  of 
heat.  But  it  requires  still  more  indispensably  an 
uncommon  fertility  of  soil;  and  the  price  which  it 
commands  at  market  will  not  enable  the  planter  to 
produce  this  by  manure.     Was  the  supply  still  to 

^'nu9  stun  is  equal  to  ;£85o,ooo;  Virginia  money,  607,14a  guineas. 


Jefferson's  Works 

depend  on  Virginia  and  Maryland  alone  as  its  culti 
becomes  more  difficult,  the  price  would  rise  so 
to  enable  the  planter  to  surmount  those  difficultii 
and  to  live.  But  the  western  country  on  the  Mi 
sissippi,  and  the  midlands  of  Georgia,  having  fresh 
and  fertile  lands  in  abundance,  and  a  hotter  sun 
will  be  able  to  undersell  these  two  States,  and  will 
oblige  them  to  abandon  the  raising  of  tobacco  al' 
gcther.  And  a  happy  obligation  for  them  it  will 
It  is  a  culture  productive  of  infinite  wretchedness. 
Those  employed  in  it  are  in  a  continual  state  of 
exertion  beyond  the  power  of  nature  to  support. 
Little  food  of  any  kind  is  raised  by  them;  so  that 
the  men  and  animals  on  these  farms  are  badly  fed, 
and  the  earth  is  rapidly  impoverished.  The  culti- 
vation of  wheat  is  the  reverse  in  every  circumstance. 
Besides  clothing  the  earth  with  herbage,  and  pre- 
serving its  fertility,  it  feeds  the  laborers  plentifully, 
requires  from  them  only  a  moderate  toil,  except 
the  season  of  harvest,  raises  great  numbers  of  ani- 
mals for  food  and  service,  and  diffuses  plenty  and 
happiness  among  the  whole.  We  find  it  easier  to 
make  an  hundred  bushels  of  wheat  than  a  thousand 
weight  of  tobacco,  and  they  are  worth  more  when 
made.  The  weavil  indeed  is  a  formidable  obstacle 
to  the  cultivation  of  this  grain  with  us.  But  prini 
pies  are  already  known  which  must  lead  to  a  remed; 
Thus  a  certain  degree  of  heat,  to  wit.  that  of  the" 
common  air  in  summer,  is  necessary  to  hatch  the 
eggs.     If  subterranean  granaries,  or  others,  there- 




cle  ^^ 

Notes  on  Virginia  233 

fore,  can  be  contrived  below  that  temperature,  the 
evil  will  be  cured  by  cold.  A  degree  of  heat  beyond 
that  which  hatches  the  egg  we  know  will  kill  it.  But 
in  aiming  at  this  we  easily  run  into  that  which  pro- 
duced putrefaction.  To  produce  putrefaction,  how- 
ever, three  agents  are  requisite,  heat,  moisture,  and 
the  external  air.  If  the  absence  of  any  one  of  these 
be  secured,  the  other  two  may  safely  be  admitted. 
Heat  is  the  one  we  want.  Moisture  then,  or  external 
air,  must  be  excluded.  The  former  has  been  done 
by  exposing  the  grain  in  kilns  to  the  action  of  fire, 
which  produces  heat,  and  extracts  moisture  at  the 
same  time;  the  latter,  by  putting  the  grain  into 
hogsheads,  covering  it  with  a  coating  of  lime,  and 
heading  it  up.  In  this  situation  its  bulk  produced 
a  heat  sufficient  to  kill  the  eggs;  the  moisture  is 
suffered  to  remain  indeed,  but  the  external  air  is 
excluded.  A  nicer  operation  yet  has  been  attempted ; 
that  is,  to  produce  an  intermediate  temperature  of 
heat  between  that  which  kills  the  egg,  and  that 
which  produces  putrefaction.  The  threshing  the 
grain  as  soon  as  it  is  cut,  and  laying  it  in  its  chaff  in 
large  heaps,  has  been  found  very  nearly  to  hit  this 
temperature,  though  not  perfectly,  nor  always.  The 
heap  generates  heat  sufficient  to  kill  most  of  the 
^ggs,  whilst  the  chaff  commonly  restrains  it  from 
rising  into  putrefaction.  But  all  these  methods 
abridge  too  much  the  quantity  which  the  farmer 
can  manage,  and  enable  other  coim tries  to  undersell 
him,  which  are  not  infested  with  this  insect.    There 

334  Jefferson's  Works 

is  still  a  desideratum  then  to  give  with  us  decisive 
triumph  to  this  branch  of  agriculture  over  that  of 
tobacco.  The  culture  of  wheat  by  enlarging  our 
pasture,  will  render  the  Arabian  horse  an  article  of 
very  considerable  profit.  Experience  has  shown 
that  ours  is  the  particular  climate  of  America  where 
he  may  be  raised  without  degeneracy.  South- 
wardly the  heat  of  the  sun  occasions  a  deficiency  of 
pasture,  and  northwardly  the  winters  are  too  cold 
for  the  short  and  fine  hair,  the  particular  sensibility 
and  constitution  of  that  race.  Animals  transplanted 
into  unfriendly  climates,  either  change  their  nature 
and  acquire  new  senses  against  the  new  difficulties 
in  which  they  are  placed,  or  they  multiply  poorly 
and  become  extinct.  A  good  foimdation  is  laid  for 
their  propagation  here  by  our  possessing  already 
gp-eat  numbers  of  horses  of  that  blood,  and  by  a 
decided  taste  and  preference  for  them  established 
among  the  people.  Their  patience  of  heat  without 
injury,  their  superior  wind,  fit  them  better  in  this 
and  the  more  southern  climates  even  for  the  drudg- 
eries of  the  plough  and  wagon.  Northwardly  they 
will  become  an  object  only  to  persons  of  taste  and 
fortune,  for  the  saddle  and  light  carriages.  To  those, 
and  for  these  uses,  their  fleetness  and  beauty  mil 
recommend  them.  Besides  these  there  will  be 
other  valuable  substitutes  when  the  cultivation  of 
tobacco  shall  be  discontinued  such  as  cotton  in  the 
eastern  parts  of  the  State,  and  hemp  and  flax  tn  the 

Notes  on  Virginia  235 

It  is  not  easy  to  say  what  are  the  articles  either 
of  necessity,  comfort,  or  luxury,  which  we  cannot 
raise,  and  which  we  therefore  shall  be  under  a  neces- 
sity of  importing  from  abroad,  as  everything  hardier 
than  the  olive,  and  as  hardy  as  the  fig,  may  be  raised 
here  in  the  open  air.  Sugar,  coffee  and  tea,  indeed, 
are  not  between  these  limits;  and  habit  having 
placed  them  among  the  necessaries  of  life  with  the 
wealthy  part  of  our  citizens,  as  long  as  these  habits 
remain  we  must  go  for  them  to  those  coimtries  which 
axe  able  to  furnish  them. 


ZThe  weights,  measures  and  the  currency  of  the  hard 
money?  Some  details  relating  to  exchange  with 
Europe  f 

Our  weights  and  measures  are  the  same  which  are 

£xed  by  acts  of  parliament  in  England.     How  it 

Ilias  happened  that  in  this  as  well  as  the  other  Amer- 

:Scan  States  the  nominal  value  of  coin  was  made  to 

differ  from  what  it  was  in  the  country  we  had  left, 

a,nd  to  differ  among  ourselves  too,  I  am  not  able  to 

^ay  with  certainty.     I  find  that  in  1631  our  house 

^f  burgesses  desired  of  the  privy  council  in  England, 

a  coin  debased  to  twenty-five  per  cent.;  that  in 

1645  they  forbid  dealing  by  barter  for  tobacco,  and 

established  the  Spanish  piece  of  eight  at  six  shillings, 

as  the  standard  of  their  currency;  that  in  1655  they 

changed  it  to  five  shillings  sterling.     In  1680  they 


Jefferson's  Works 

sent  an  address  to  the  king,  in  consequence  of  which, 
by  proclamation  in  1683,  he  fixed  the  value  of 
French  crowns,  rix  dollars,  and  pieces  of  eight,  at 
six  shiUings,  and  the  coin  of  New  England  at  one 
shilling.  That  in  1710,  1714,  1727.  and  1762.  other 
regulations  were  made,  which  will  be  better  presented 
to  the  eye  stated  in  the  form  of  a  table  as  follows : 





S.-  dwt. 
s..  d-t.  ..  . 

4d.  dwt. 

aid.  d-i. 

4.    jd.  dwl. 

Dritiih     Bold     coin     not 
milled,     gold     «rin     of 
Spun  and  France,  che- 
qiiins,     Arabian     gold, 

Enslish       milled       nlver 
money,  ia  proportion  lo 

Pieces  of  ciBht  ol  Mexico. 
Seville  ft   Pillar,  duca- 
toon»       of       Planden. 
French   *ciui.   or  nlver 
Louli.  cniiad™  o[  Pot- 

j»d.  d«t, 

Peru  piece.,  c™.  dollora. 
«id  old  ri.  dollar,  of  the 

Old  Britidi  nlver  coin  not 


The  first  symptom  of  the  depreciation  of  our  pres- 
ent paper  money,  was  that  of  silver  dollars  selling 
at  six  shillings,  which  had  before  been  worth  but  five 
shiUings  and  ninepence.  The  assembly  thereupon 
raised  them  by  law  to  six  shillings.  As  the  dollar 
is  now  likely  to  become  the  money-unit  of  America, 
as  it  passes  at  this  rate  in  some  of  our  sister  States, 
and  as  it  facilitates  their  computation  in  pounds 
and  shillings,  &c.,  converso,  this  seems  to  be  more 

Notes  on  Virginia  ^37 

convenient  than  its  former  denomination.  But  as 
this  particular  coin  now  stands  higher  than  any 
other  in  the  proportion  of  one  hundred  and  thirty- 
three  and  a  half  to  one  hundred  and  twenty-five, 
or  sixteen  to  fifteen,  it  will  be  necessary  to  raise  the 
others  in  proportion. 


The  public  Income  and  Expenses? 

The  nominal  amount  of  these  varying  cpnstantly 
and  rapidly,  with  the  constant  and  rapid  deprecia- 
tion of  our  paper  money,  it  becomes  impracticable 
to  say  what  they  are.  We  find  ourselves  cheated  in 
every  essay  by  the  depreciation  intervening  between 
the  declaration  of  the  tax  and  its  actual  receipt.  It 
will  therefore  be  more  satisfactory  to  consider  what 
our  income  may  be  when  we  shall  find  means  of 
collecting  what  our  people  may  spare.  I  should 
estimate  the  whole  taxable  property  of  this  State  at 
an  hundred  millions  of  dollars,  or  thirty  millions  of 
pounds,  oiu-  money.  One  per  cent,  on  this,  com- 
pared with  anything  we  ever  yet  paid,  would  be 
deemed  a  very  heavy  tax.  Yet  I  think  that  those 
who  manage  well,  and  use  reasonable  economy, 
could  pay  one  and  a  half  per  cent.,  and  maintain 
their  household  comfortably  in  the  meantime,  with- 
out aliening  any  part  of  their  principal,  and  that 
the  people  would  submit  to  this  willingly  for  the 

^3^  Jefferson^s  Works 

purpose  of  supporting  their  present  contest.  We 
may  say,  then,  that  we  could  raise,  from  one  million 
to  one  million  and  a  half  of  dollars  annually,  that 
is  from  three  hundred  to  four  hundred  and  fifty 
thousand  pounds,  Virginia  money. 

Of  our  expenses  it  is  equally  difficult  to  give  an 
exact  state,  and  for  the  same  reason.  They  are 
mostly  stated  in  paper  money,  which  varying  con- 
tinually, the  legislature  endeavors  at  every  session, 
by  new  corrections,  to  adapt  the  nominal  simis  to 
the  value  it  is  wished  they  would  bear.  I  will  state 
them,  therefore,  in  real  coin,  at  the  point  at  which 
they  endeavor  to  keep  them: 


The  annual  expenses  of  the  general  assembly  are  about . .  20,000 

The  governor 3*333}i 

The  council  of  state 10,666^ 

Their  clerks 1,166^ 

Eleven  judges 11 ,000 

The  clerk  of  the  chancery 666^4 

The  attorney  general i  ,000 

Three  auditors  and  a  solicitor 5*333}^ 

Their  clerks 2,000 

The  treasurer 2.000 

His  clerks 2,000 

The  keeper  of  the  public  jail i  ,000 

The  public  printer i  ,666^ 

Clerks  of  the  inferior  coiu*ts 43.333^ 

Public  levy;  this  is  chiefly  for  the  expenses  of  criminal .  .  . 

justice 40,000 

County  levy,  for  bridges,  court-houses,  prisons,  &c 40,000 

Members  of  Congress 7 ,000 

Quota  of  the  federal  civil  list,  supposed  one-sixth  of  about 

$78,000 13,000 

Expenses  of  collecting,  six  per  cent,  on  the  above 12,310 

Notes  on  Virginia  ^39 


The  clergy  receive  only  voluntary  contributions;  sup- 
pose them  on  an  average  one-eighth  of  a  dollar  a  tythe 
on  200,000  tythes 25,000 

Contingencies,  to  make  round  ntunbers  not  far  from 

truth 7»S^3^ 


or  53,571  guineas.  This  estimate  is  exclusive  of  the 
military  expense.  That  varies  with  the  force  actu- 
ally employed,  and  in  time  of  peace  will  probably  be 
little  or  nothing.  It  is  exclusive  also  of  the  public 
debts,  which  are  growing  while  I  am  writing,  and 
cannot  therefore  be  now  fixed.  So  it  is  of  the  main- 
tenance of  the  poor,  which  being  merely  a  matter  of 
charity  cannot  be  deemed  expended  in  the  admin- 
istration of  government.  And  if  we  strike  out  the 
$25,000  for  the  services  of  the  clergy,  which  neither 
makes  part  of  that  administration,  more  than  what 
is  paid  to  physicians,  or  lawyers,  and  being  volim- 
tary,  is  either  much  or  nothing  as  every  one  pleases, 
it  leaves  $225,000,  equal  to  48,208  guineas,  the  real 
cost  of  the  apparatus  of  government  with  us.  This 
divided  among  the  actual  inhabitants  of  our  countr>% 
comes  to  about  two-fifths  of  a  dollar,  twenty-one 
pence  sterling,  or  forty-two  sols,  the  price  which 
each  pays  annually  for  the  protection  of  the  residue 
of  his  property,  and  the  other  advantages  of  a  free 
government.  The  public  revenues  of  Great  Britain 
divided  in  like  manner  on  its  inhabitants  would  be 
sixteen  times  greater.  Deducting  even  the  double 
of  the  expenses  of  government,  as  before  estimated, 

240  Jefferson's  Works 

from  the  million  and  a  half  of  dollars  which  we 
before  supposed  might  be  annually  paid  without 
distress,  we  may  conclude  that  this  State  can 
contribute  one  million  of  dollars  annually  towards 
supporting  the  federal  army,  paying  the  federal 
debt,  building  a  federal  navy,  or  opening  roads, 
clearing  rivers,  forming  safe  ports,  and  other  useful 

To  this  estimate  of  our  abilities,  let  me  add  a  word 
as  to  the  application  of  them.  If,  when  cleared  of 
the  present  contest,  and  of  the  debts  with  which 
that  will  charge  us,  we  Come  to  measure  force  here- 
after with  any  European  power.  Such  events  are 
devoutly  to  be  deprecated.  Young  as  we  are,  and 
with  such  a  country  before  us  to  fill  with  ^leople  and 
with  happiness,  we  should  point  in  that  direction 
the  whole  generative  force  of  nature,  wasting  none 
of  it  in  efforts  of  mutual  destruction.  It  should 
be  our  endeavor  to  cultivate  the  peace  and  friend- 
ship of  every  nation,  even  of  that  which  has  injured 
us  most,  when  we  shall  have  carried  our  point  against 
her.  Our  interest  will  be  to  throw  open  the  doors 
of  commerce,  and  to  knock  off  all  its  shackles,  giving 
perfect  freedom  to  all  persons  for  the  vent  of  what- 
ever they  may  choose  to  bring  into  our  ports,  and 
asking  the  same  in  theirs.  Never  was  so  much 
false  arithmetic  employed  on  any  subject,  as  that 
which  has  been  employed  to  persuade  nations  that 
it  is  their  interest  to  go  to  war.  Were  the  money 
which  it  has  cost  to  gain,  at  the  close  of  a  long  war, 

Notes  on  Virginia  241 

a  little  town,  or  a  little  territory,  the  right  to  cut 
wood  here,  or  to  catch  fish  there,  expended  in  im- 
proving  what  they  already  possess,  in  making  roads, 
opening  rivers,  building  ports,  improving  the  arts, 
and  finding  employment  for  their  idle  poor,  it  would 
render  them  much  stronger,  much  wealthier  and 
happier.  This  I  hope  will  be  our  wisdom.  And, 
perhaps,  to  remove  as  much  as  possible  the  occa- 
sions of  making  war,  it  might  be  better  for  us  to 
abandon  the  ocean  altogether,  that  being  the  element 
whereon  we  shall  be  principally  exposed  to  jostle 
with  other  nations ;  to  leave  to  others  to  bring  what 
we  shall  want,  and  to  carry  what  we  can  spare. 
This  would  make  us  invulnerable  to  Europe,  by 
offering  none  of  our  property  to  their  prize,  and 
would  turn  all  our  citizens  to  the  cultivation  of  the 
earth;  and,  I  repeat  it  again,  cultivators  of  the 
earth  are  the  most  virtuous  and  independent  citi- 
zens. It  might  be  time  enough  to  seek  employment 
for  them  at  sea,  when  the  land  no  longer  offers  it. 
But  the  actual  habits  of  our  countrymen  attach 
them  to  commerce.  They  will  exercise  it  for  them- 
selves. Wars  then  must  sometimes  be  our  lot;  and 
all  the  wise  can  do,  will  be  to  avoid  that  half  of  them 
which  would  be  produced  by  our  own  follies  and  our 
own  acts  of  injustice;  and  to  make  for  the  other 
half  the  best  preparations  we  can.  Of  what  nature 
should  these  be  ?  A  land  army  would  be  useless  for 
offence,  and  not  the  best  nor  safest  instrument  of 
defence.     For  either  of  these  purposes,  the  sea  is 

VOL.   11 — 16 

843  Jefferson's  Works 

the  field  on  which  we  should  meet  an  European 
enemy.  On  that  element  it  is  necessary  we  should 
possess  some  power.  To  aim  at  such  a  navy  as  the 
greater  nations  of  Europe  possess,  would  be  a  fool- 
ish and  wicked  waste  of  the  energies  of  our  country- 
men. It  would  be  to  pull  on  our  own  heads  that 
load  of  military  expense  which  makes  the  European 
laborer  go  supperless  to  bed,  and  moistens  his  bread 
with  the  sweat  of  his  brows.  It  will  be  enough  if 
we  enable  ourselves  to  prevent  insults  from  those 
nations  of  Europe  which  are  weak  on  the  sea,  be- 
cause circumstances  exist,  which  render  even  the 
stronger  ones  weak  as  to  us.  Providence  has  placed 
their  richest  and  most  defenceless  possessions  at  our 
door;  has  obliged  their  most  precious  commerce  to 
pass,  as  it  were,  in  review  before  us.  To  protect 
this,  or  to  assail,  a  small  part  only  of  their  naval 
force  will  ever  be  risked  across  the  Atlantic.  The 
dangers  to  which  the  elements  expose  them  here  are 
too  well  known,  and  the  greater  dangers  to  which 
they  would  be  exposed  at  home  were  any  general 
calamity  to  involve  their  whole  fleet.  They  can 
attack  us  by  detachment  only;  and  it  will  suffice 
to  make  ourselves  equal  to  what  they  may  detach. 
Even  a  smaller  force  than  they  may  detach  will  be 
rendered  equal  or  superior  by  the  quickness  with 
which  any  check  may  be  repaired  with  us,  while 
losses  with  them  will  be  irreparable  till  too  late.  A 
small  naval  force  then  is  sufficient  for  us,  and  a  small 
one  is  necessary.     What  this  should  be.  I  will  not 

Notes  on  \^rgmia  M3 

tmdertake  to  say.  I  will  only  say.  it  shotdd  by  no 
means  be  so  great  as  we  are  able  to  make  it.  Sup- 
pose the  milliofi  erf  dollars,  or  three  hundred  thou- 
sand pounds,  which  Viiginia  could  annually  spare 
without  distress,  to  be  applied  to  the  creating  a  na\*\\ 
A  single  year's  contribution  woidd  build,  equip,  man, 
and  send  to  sea  a  force  which  shotdd  carry  three 
himdred  guns.  The  rest  of  the  confederacy,  exert- 
ing themselves  in  the  same  proportion,  woidd  equip 
in  the  same  time  fifteen  hundred  guns  more.  So 
that  one  year's  contributions  would  set  up  a  navy 
of  eighteen  hundred  guns.  The  British  ships  of 
the  line  average  seventy-six  guns;  their  frigates 
thirty-eight.  Eighteen  hundred  guns  then  would 
form  a  fleet  of  thirty  ships,  eighteen  of  which  might 
be  of  the  line,  and  twelve  frigates.  Allowing  eight 
men,  the  British  average,  for  ever>^  gun,  their  annual 
expense,  including  subsistence,  clothing,  pay,  and 
ordinary  repairs,  would  be  about  $1,280  for  every 
gun,  or  $2,304,000  for  the  whole.  I  state  this  only 
as  one  year's  possible  exertion,  without  deciding 
whether  more  or  less  than  a  year's  exertion  should 
be  thus  applied. 

The  value  of  our  lands  and  slaves,  taken  con- 
junctly, doubles  in  about  twenty  years.  This  arises 
from  the  mtiltiplication  of  our  slaves,  from  the  ex- 
tension of  culture,  and  increased  demand  for  lands. 
The  amount  of  what  may  be  raised  will  of  course 
rise  in  the  same  proportion. 

^44  Jefferson's  Works 


The  histories  of  the  State  ^  the  memorials  published  in 
its  name  in  the  time  of  its  being  a  colony y  and  the 
pamphlets  relating  to  its  interior  or  exterior  affairs 
present  or  ancient? 

Captain  Smith,  who  next  to  Sir  Walter  Raleigh 
may  be  considered  as  the  fotmder  of  our  colony,  has 
written  its  history,  from  the  first  adventures  to  it,  till 
the  year  1624.  He  was  a  member  of  the  council,  and 
afterwards  president  of  the  colony ;  and  to  his  efforts 
principally  may  be  ascribed  its  support  against  the 
opposition  of  the  natives.  He  was  honest,  sensible, 
and  well  informed ;  but  his  style  is  barbarous  and 
uncouth.  His  history,  however,  is  almost  the  only 
source  from  which  we  derive  any  knowledge  of  the 
infancy  of  our  State. 

The  reverend  William  Stith,  a  native  of  Virginia, 
and  president  of  its  college,  has  also  written  the 
history  of  the  same  period,  in  a  large  octavo  volume 
of  small  print.  He  was  a  man  of  classical  learning, 
and  very  exact,  but  of  no  taste  in  style.  He  is 
inelegant,  therefore,  and  his  details  often  too  minute 
to  be  tolerable,  even  to  a  native  of  the  country,  whose 
history  he  writes. 

Beverley,  a  native  also,  has  nm  into  the  other 
extreme,  he  has  comprised  our  history  from  the 
first  propositions  of  Sir  Walter  Raleigh  to  the  year 
1700,  in  the  hundredth  part  of  the  space  which  Stith 
employs  for  the  foiuth  part  of  the  period. 

( 1 

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Notes  on  Virginia  245 

Sir  Walter  Keith  has  taken  it  up  at  its,  earliest 
period,  and  continued  it  to  the  year  1725.  He  is 
agreeable  enough  in  style,  and  passes  over  events 
of  little  importance.  Of  course  he  is  short  and 
would  be  preferred  by  a  foreigner. 

During  the  regal  government,  some  contest  arose 
on  the  exaction  of  an  illegal  fee  by  Governor  Din- 
widdie,  and  doubtless  there  were  others  on  other 
occasions  not  at  present  recollected.  It  is  supposed 
that  these  are  not  sufficiently  interesting  to  a  for- 
eigner to  merit  a  detail. 

The  petition  of  the  council  and  burgesses  of  Vir- 
ginia to  the  king,  their  memorials  to  the  lords,  and 
remonstrance  to  the  commons  in  the  year  1764, 
began  the  present  contest ;  and  these  having  proved 
ineffectual  to  prevent  the  passage  of  the  stamp-act, 
the  resolutions  of  the  house  of  burgesses  of  1765 
were  passed  declaring  the  independence  of  the  peo- 
ple of  Virginia  of  the  parliament  of  Great  Britain, 
in  matters  of  taxation.  From  that  time  till  the  Dec- 
laration of  Independence  by  Congress  in  1776,  their 
jotUTials  are  filled  with  assertions  of  the  public  rights. 

The  pamphlets  published  in  this  State  on  the 
controverted  question,  were: 

1766,  An  Inquiry  into  the  rights  of  the  British 
Colonies,  by  Richard  Bland. 

1769,  The  Monitor's  Letters,  by  Dr.  Arthur  Lee. 

1774,  A  stmimary  View  of  the  rights  of  British 

*  By  the  author  of  these  "  Notes." 

246  Jefferson's  Works 

1774,  Considerations,  &c.,  by  Robert  Carter  Nich- 

Since  the  Declaration  of  Independence  this  State 
has  had  no  controversy  with  any  other,  except  with 
that  of  Pennsylvania,  on  their  common  boimdary. 
Some  papers  on  this  subject  passed  between  the 
executive  and  legislative  bodies  of  the  two  States, 
the  result  of  which  was  a  happy  accommodation  of 
their  rights. 

To  this  accotmt  of  our  historians,  memorials,  and 
pamphlets,  it  may  not  be  unuseful  to  add  a  chrono- 
logical catalogue  of  American  state-papers,  as  far 
as  I  have  been  able  to  collect  their  titles.  It  is  far 
from  being  either  complete  or  correct.  Where  the 
title  alone,  and  not  the  paper  itself,  has  come  under 
my  observation,  I  cannot  answer  for  the  exactness 
of  the  date.  Sometimes  I  have  not  been  able  to  find 
any  date  at  all,  and  sometimes  have  not  been  satis- 
fied that  such  a  paper  exists.  An  extensive  collec- 
tion of  papers  of  this  description  has  been  for  some 
time  in  a  course  of  preparation  by  a  gentleman* 
fully  equal  to  the  task,  and  from  whom,  therefore, 
we  may  hope  ere  long  to  receive  it.  In  the  mean- 
time accept  this  as  the  result  of  my  labors,  and  as 
closing  the  tedious  detail  which  you  have  so  unde- 
signedly drawn  upon  yourself. 

'  Ebenezer  Hazard. 

Notes  on  Virginia  247 

Pro  Johanne  Caboto  et  filiis  suis  super  terra  incognita  in-  *496,  Mar.    5* 

vestiganda.      12.  Ry.  595.  3.  Hakl.  4.  2.  Mem.  A.  409.       "     '  ^* 
Billa  signata  anno  13.  Henrid  septimi.  3.  Hakluyt's  voi-  1498.  Feb.   3- 

ages  5.  •  '^  "•  ^* 

De  potestatibtis  ad  terras  incognitas  investigandiun.  13.  ^soa,  Dec.  xp. 

Rymer.  37.  '^^^''^ 

Commission  de  Francois  I.  k  Jacques  Catier  pour  Testabr  x54o,  Oct.  17. 

lissement  du  Canada.     L'Escarbot.  397.  2.  Mem.  Am. 

An  act  against  the  exaction  of  money,  or  any  other  thing,  »S48,  a.  E.  6. 

by  any  officer  for  license  to  traffique  into  Iseland  and 

New-foundland,  made  in  An.  2.  Edwardi  sexti.  3.  Hakl. 

The  letters-patent  granted  by  her  Majestic  to  Sir  Hum-  '578.  June  n. 

phrey  Gilbert,  knight,  for  the  inhabiting  and  planting 

of  our  people  in  America.  3.  Hakl.  135. 
Letters-patent  of  Queen  Elizabeth  to  Adrian  Gilbert  and  '^83.  Feb.   6. 

others  to  discover  the  northwest  passage  to  China.  3. 

Hakl.  96. 
The  letters-patent  granted  by  the  Queen's  majestic  to  M.  ^584.  Mar.  as. 

Walter  Raleigh,  now  Knight,  for  the  discovering  and 

planting  of  new  lands  and  countries,  to  continue  the 

space  of  six  years  and  no  more.      3.  Hakl.  243. 
An  assignment  by  Sir  Walter  Raleigh  for  continuing  the  Mar.  7.  3x.  El. 

action  of  inhabiting  and  planting  his  people  in  Virginia. 

Hakl.   ist.  ed.  publ.  in  1589.  p.  815. 
Lettres  de  Lieutenant  General  de  TAcadie  et  pays  circon-  1603,  Nov.   8. 

voisins  poiir  le  Sieur  de  Monts.     L'Escarbot.  417. 
Letters-patent  to  Sir  Thomas  Gates,  Sir  George  Somers  1606,  Apr.  10. 

and  others  of  America.  Stith.  Apend.  No.   i.  4j«c.  i. 

An  ordinance  and  constitution  enlarging  the  council  of  '^7.  Mar.   9. 

the  two  colonies  in  Virginia  and  America,  and  augment- 
ing their  authority,  M.  S. 
The  second  charter  to  the  treasurer  and  company  for  1609.  May  23. 

Virginia,   erecting  them  into   a  body  politick.  Stith.  ^J**^*** 

Ap.  2. 
Letters-patent  to  the  E.  of  Northampton,  granting  part  »6io.  April  10. 

of  the  island  of  Newfotmdl and.   i.  Harris.  861.  jac.  i. 

A  third  charter  to  the  treasvirer  and  company  for  Virginia.  *^J';  **""•  *** 

Stith.  Ap.  3.  ^^^^^  j^    ^ 

A  commission  to  Sir  Walter  Raleigh.  Qu. 


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Notes  on  Virginia  249 

Dc  proclamatione  de  signatione  de  tobacco.  i8.  Rym.  886  »6a7.  Mar.  30. 
De  proclamatione  pro  ordinatione  de  tobacco.  18.  Rym.  ^^     '  '* 

*^  ^  -^         i6a7,  Aug.    9. 

920.  3  Car.  X. 

A  confirmation  of  the  grant  of  Massachusetts  bay  by  the  x6a8.  Mar.  4. 
crown.  ^  ^^'  '• 

The   capittdation   of   Quebec.     Champlain   pert.  2.  316.  1619,  Aug.  19. 
2.  Mem.  Am.  489. 

A  proclamation  concerning  tobacco.  19.  Rym.  235.  1630,  Jan.   6. 

Conveyance  of  Nova  Scotia  (Port-royal  excepted)  by  Sir  *  ^^-  '• 
William  Alexander  to  Sir  Claude  St.  Etienne  Lord  of  la  «<i3o,  April  30. 
Totir  and  of  Uarre  and  to  his  son  Sir  Charles  de  St. 
Etienne  Lord  of  St.  Denniscourt,  on  condition  that  they 
continue  subjects  to  the  king  of  Scotland  under  the 
great  seal  of  Scotland. 

A  proclamation  forbidding  the  disorderly  trading  with  the  1630-^3 z,  Nov. 
savages  in   New  England  in  America,  especially  the  '**   ^  ^^*  '* 
furnishing  the  natives  in  those  and  other  parts  of  Amer- 
ica by  the  English  with  weapons  and  habiliments  of 
warre.  19.  Ry.  210.  3.  Rushw.  82. 

A  proclamation  prohibiting  the  selling  arms,  &c.  to  the  1630,  Dec.   s- 
savages  in  America.     Mentioned  3.  Rtishw.  75.  6  Car.  x. 

A  grant  of  Connecticut  by  the  council  of  Plymouth  to  the  1630,  Car.    x. 
E.  of  Warwick. 

A  confirmation  by  the  crown  of  the  grant  of  Connecticut  X630,  Car.    x. 
[said  to  be  in  the  petty-bag  office  in  England]. 

A  conveiance  of  Connecticut  by  the  E.  of  Warwick  to  1631,  Mar.  X9. 
Lord  Say,  and  Seal,  and  others.     Smith's  examination,  '* 

Appendix  No.  i. 
A  special  commission  to  Edward,  Earle  of  Dorsett.  and  1631,  June  br- 
others, for  the  better  plantation  of  the  colony  of  Vir-  '       '  '* 
ginia.  19.  Ry.  301. 
X.«itere  continentcs  promissionem  regis  ad  tradenum  cas-  163  a.  June  •9- 
trum  et  habitationem  de  Kebec  in  Canada  ad  regem  ^         '* 
Franconim.  19.  Ry.  303. 
Traits  entre  Ic  roy  Louis  XIII.  et  Charles  roi  d'Angleterre  163a,  Mar.  99- 
pour  la  restitution  de  la  nouvelle  France,  la  Cadie  et  *       *  '* 
Canada  et  des  navires  et  merchandises  pris  de  part  et 
d'autre.     Fait  a  St.  Germain.  19.  Ry.  361.  2.  Mem.  Am. 

A  grant  of  Maryland  to  Caecilius  Calvert,  baron  of  Balti-  163a.  Juno  ao. 

more  in  Ireland,  *  ^^'  ** 

A  petition  of  the  planters  nf  Virginia  against  the  gntat  to 
lord  Baltimore. 

Order  of  council  upon  the  dispute  between  the  Virgini* 
planters  and  lord  Baltimore.  Votes  of  repres.  Penn- 
sylvania. V. 

A  proclamation  to  prevent  abuses  growing  by  the  unor- 
dered retailing  o£  tobacco.      Mentioned  j.  Rushw. 

A  special  commission  to  Thomas  Young  to  search,  dis- 
cover and  find  out  what  ports  are  not  yet  inhabited  in 
Virginia  and  America  and  other  parts  thereunto  adjoin- 
ing,  ig.  Ry.  473. 

A  proclamation  for  preventing  of  the  abuses  growing  by 
the  unordered  retailing  of  tobacco.   19.  Ry.  474. 

A  proclamation  restraining  the  abusive  venting  of 
tobacco,   ig,   Rym.   s>s. 

A  proclamation  concerning  the  landing  of  tobacco,  and 
also  forbidding  the  planting  thereof  in  the  king's  do- 
Ry-    553 
to  the  Archbishop  of  Canterbury  «nd  1 
others,  for  governing  the  American  colonies, 
concerning  tobacco,   M.  S. 
from   Lord  Say,   and  Seal,   and  othen  to  1 
John  Winthrop  to  be  governor  of  Connecticut.     Smith*!  | 

A  grant  to  Duke  Hamilton, 

De  comraissione  spedali  Johanni  Harvey  militi  to  pro 
meliori  regeminc  coloniac  in  Virginia.   20.  Ry.  3, 

A  proclamation  concerning  tobacco.  Title  in  3.  Rush. 

ipeciali  Georgio  domino  Goring  et  aliis 
venditionem  de  tobacco  absque 
10.  Ry.  116, 
against  disorderly  transporting  his  Majes- 
ty's subjects  to  the  pi  antations  within  the  parts  of  Amer- 
ica.  10.  Ry.  143.  3,  Rush.  409. 

An  order  of  the  privy  council  to  stay  8  ships 

Thames  from  going  to  New  England.   3.  Rush.  409. 

A  warrant  of  the  Lord  Admiral  to  stop  unconformable 
ministers  from  going  beyond  the  sea.   3,  Rush.  . 

Order  of  council  upon  Claiborne's  petition  against  Lord 
Baltimore.     Votes  of  representatives  of  Pennsylvi 

licentia  1 

Notes  on  Virginia  251 

An  order  of  the  king  and  council  that  the  attorney  general  ^^38.  Apr.   6 

draw  up  a  proclamation  to  prohibit  transportation  of  '^    "'  '' 

passengers  to  New  England  without  license.  3.  Rush. 

-A  proclamation  to  restrain  the  transporting  of  passengers  x6.i8.  May.  i. 

and  provisions  to  New  England  without  license.  20.  Ry.  '4  Car.  1. 

-A  proclamation  concerning  tobacco.     Title  4.  Rush.  1060.  1639.  Mar.  as. 
-A  proclamation  declaring  his  majesty's  pleasure  to  con-         '' 

tinue  his  commission  and  letters  patents  for  licensing  Jjcir.  "*   '^ 

retailers  of  tobacco.  20.  Ry.  348. 
^e  commissione  speciali  Henrico  Ashton  armigero  et  aliis  1630.  Dec.  16. 

ad   amovendum   Henricum  Hawley  gubematorem  de  '^       ' '' 

Barbadoes.  20.    Rym.    357. 
-A  proclamation  concerning  retailers  of  tobacco.  4.  Rush.  i639t   Car.    1. 

X)e  constitutione  gubematoris  et  concilii  pro  Virginia.  20.  1641,  Aug.  9. 

Ry.  484.  17  Car.  1. 

-Articles  of  union  and  confederacy  entered  into  by  Massa-  1643.   Car.    i. 
chusetts,    Pljrmouth,   Connecticut   and   New-haven,   i. 
Neale.   223. 

Deed  from  George  Fenwick  to  the  old  Connecticut  juris-  1644,   Car.    x. 

An  ordinance  of  the  lords  and  commons  assembled  in  par- 
liament, for  exempting  from  custom  and  imposition 
all  commodities  exported  for,  or  imported  from  New 
England,  which  has  been  very  prosperous  and  without 
any  public  charge  to  this  State,  and  is  likely  to  prove 
very  happy  for  the  propagation  of  the  gospel  in  those 
parts.  Tit.  in  Amer.  library  90.  5.  No  date.  But 
seems  by  the  neighbouring  articles  to  have  been  in  1644. 

An  act  for  charging  of  tobacco  brought  from  New  Eng-  1644.  June  ao. 
land  with  custom  and  excise.     Title  in  American  library  ^^'  '* 
99.  8 

An  act  for  the  advancing  and  regulating  the  trade  of  this  1644.  Aug.   1. 
commonwealth.     Tit.  in  Amer.  libr.  99.  9.  '  ** 

Grant  of  the  Northern  neck  of  Virginia  to  Lord  Hopton,  Sep.  18. 
Lord  Jermyn,  Lord  Culpepper,  Sir  John  Berkley,  Sir  *  ^^'  *• 
William  Moreton,  Sir  Dudley  Wyatt,  and  Thomas  Cul- 

An  act  prohibiting  trade  with  the  Barbadoes,  Virginia,  1650,   Oct.   3. 
Bermudas  and  Antego  Scobell's  Acts.  1027.  "       *  *' 

252  Jefferson's  Works 

1650,  Car.   a.  A  declaration  of  Lord  Willoughby,  governor  of  Barbadoes, 

and  of  his  council,  against  an  act  of  parliament  of  3d  of 
hist,  of  the  Puri.  Polit.  register.  2.  cited  from  4  Neal. 
final  settlementtans.     App.  No.  12  but  not  there. 
i6so.   Car.    a  A  October,  1650.    of  botmdaries  between  the  Dutch  New 

Netherlands  and  Connecticut. 

1651.  Sept.  a6.  Instructions  for  Captain   Robert   Dennis,   Mr.   Richard 
3.  Car.  a.  Bennet,  Mr.  Thomas  Stagge,  and  Captain  William  Clai- 

boum,  appointed  commissioners  for  the  reducing  of 
WiTgimsL  and  the  inhabitants  thereof  to  their  due  obe- 
dience to  the  commonwealth  of  England,  i  Thurloe's 
state  papers,  197. 

x6si,  Oct.   9.  An  act  for  increase  of  shipping  and  encotu'agement  of  the 

8  Car.  a.  navigation  of  this  nation.     Scobell's  Acts,  1449. 

165 i-a,     Mar.  Articles  agreed  on  and  concluded  at  James  citie  in  Virginia 

1  a.  4  Car.  a.         ^^^  ^^  siurendering  and  settling  of  that  plantation  under 

the  obedience  and  government  of  the  commonwealth 
of  England,  by  the  commissioners  of  the  council  of 
state,  by  authoritie  of  the  parliament  of  England,  and 
by  the  grand  assembly  of  the  governor,  council,  and 
burgesse  of  that  state.     M.  S.  [Ante.  p.  ao6.] 

x6s i-a,     Mar.  An  act  of  indempnitie  made  at  the  surrender  of  the  country 

la.  4  Car.  i.         [of  Virginia.]  [Ante  p.  206.] 

1654,  Aug.  x6.  Capittilation  de  Port  Royal.  Mem.  Am.  507. 

x6ss,   Car.    a.  A  proclamation  of  the  protector  relating  to  Jamaica.  3 

Thurl.  75. 

i6ss,  Sep.  a6.  The  protector   to   the   commissioners  of   Maryland.     A 

f^^*'  letter.     4  Thurl.  55. 

x6ss.   Oct.   8.  An  instrument  made  at  the  council  of  Jamaica,  Oct.  8, 

7  Car.  a.  1655,  for  the  better  carrying  on  of  affairs  there.    4  Thurl. 

i6ss.  Nov.  3.  Treaty  of  Westminster  between  France  and  England.  6. 

corps  diplom.  part  2.  p.  121.  2.  Mem.  Am.  10. 

1656.  Mar.  27.  The  assembly  at  Barbadoes  to  the  protector.     4  Thurl. 

8  Car.  a.  ^ 


1656,  Aug.   9-  A  grant  by  Cromwell  to  Sir  Charles  de  Saint  Etienne,  a 

baron  of  Scotland,  Crowne  and  Temple.     A   French 
translation  of  it.     a  Mem.  Am.  511. 
1656,   Car.    a.  A  paper  concerning  the  advancement  of  trade,  5  Thurl.  80— 
1656,    Car.    a.  A  Srief  narration  of  the  English  rights  to  the  Northem. 

parts  of  America.     5  Thurl.  81. 

Notes  on  Virginia  253 

Mr.  R.  Bennet  and  Mr.  S.  Matthew  to  Secretary  Thurlow.  >6s6,  Oct.  lo. 
-  Tu     10  "^8  Car.  a. 

5  Thurl.  482. 

Objections  against  the  Lord  Baltimore's  patent,  and  rea-  1656,  Oct.  10. 
sons  why  the  government  of  Maryland  shoiild  not  be  *        *' 
put  into  his  hands.     5  Thurl.  483. 

A  paper  relating  to  Maryland.     5  Thurl.  483.  1656.  Oct.  10. 

A  breviet  of  the  proceedings  of  the  lord  Baltimore  and  his  ®  ^^-  *• 
officers  and  compilers  in  Maryland,  against  the  author-  J^  ^*  ***' 
ity  of  the  parliament  of  the  commonwealth  of  England 
and  against  his  highness  the  lord  protector's  authority, 
laws  and  government.     5  Thurl.  486. 

The  assembly  of  A^rginia  to  secretary  Thurlow.     5  Thurl.  '^56,  Oct.  15. 


The  governor  of  Barbadoes  to  the  protector.     6  Thurl.  69.  1657,  Apr.  4. 

Petition  of  the  general  court  at  Hartford  upon  Connecti-  '        ** 
cut  for  charter.     Smith's  exam.  App.  4.  11,.. 

Charter  of  the  colony  of  Connecticut.     Smith's  exam.  x66a,  Apr.  23. 
App.  6.  '^^''' 

The  first  charter  granted  by  Charles  II.  to  the  proprie-  i662-3,Mar.24. 
taries  of  CaroHna,  to  wit,  to  the  Earl  of  Clarendon,  Duke  ^^^'  ^'  '*  ^*  ** 
of  Albemarle,  Lord  Craven,  Lord  Berkeley,  Lord  Ash- 
ley, Sir  George  Carteret,  Sir  William  Berkeley,  and  Sir 
John  Colleton.  4  Mem.  Am.  554. 

The  concessions  and  agreement  of  the  lords  proprietors  of  1664.  Feb.  10. 
the  province  of  New  Caesarea,  or  New  Jersey,  to  and 
with  all  and  every  of  the  adventurers  and  all  such  as 
shall  settle  or  plant  there.     Smith's  New  Jersey.  App.  i. 

A  grant  of  the  colony  of  New  York  to  the  Duke  of  York.       '^^clr^*''  '** 

A  commission  to  Colonel  Nichols  and  others  to  settle  dis-  ^^^     ^  '^   ^^ 
putes  in  New  England.     Hutch.  Hist.  Mass.  Bay,  App.  x6  Car.  2. 

The  commission  to  Sir  Robert  Carre  and  others  to  put  the  "664,  Apr.  26. 

Duke  of  York  in  possession  of  New  York,  New  Jersey, 
and  all  other  lands  thereunto  appertaining. 
Sir  Robert  Carre  and  others  proclamation  to  the  inhabi- 
tants of  New  York,  New  Jersey,  &c.     Smith's  N.  J.  36. 

Deeds  of  lease  and  release  of  New  Jersey  by  the  Duke  of  1664.  June  23. 

24.   xo  iJar.  2. 
York  to  Lord  Berkeley  and  Sir  George  Carteret. 

A  conveiance  of  the  Delaware  counties  to  William  Penn.       ^  ^^^^^     ^^ 

Letters  between  Stuyvesant  and  Colonel  Nichols  on  the  !  ^^ •  ***"^*'' 

English  right.     Smith's  N.  J.  37 — 42.  ]     Aug.  25. 

I     Sept.  4. 

Jefferson's  Works 

Treaty  between  the  English  and  Dutch  tor  the  surrender  16*4,  Anr-^ 

of  the  New  Netherlands      Sm.  N.  J.  42. 
Nicoll's  commission  to  Sir.   Robert  Carre  to  reduce  the  Sept.  j. 

Dutch  on  Delaware  bay.     Sm.  N.  J.  47. 
Instructions  to  Sir  Robert  Carre  for  reducing  of  Delaware 

bay  and  settling  the  people  there  under  bis  majesty's 

obedience,     Sm.   N.  J.  47. 
Articles  of  capitulation  between  Sir  Robert  Carre  and  the  i66*,  1 

Dutch  and  Swedes  on  Delaware  bay  and  Delaware 

river,     Sm.  N.  J.  49. 
The  determination  of  the  commissioners  of  the  boundary  '664, 

between  the  Duke  of  York  and  Connecticut.     Sm.  Ex,  "  "^"^ 

Ap.  9. 
The  New  Haven  case.     Smith's  Ex.  Ap.  30.  tM*. 

The  second  charter  granted  by  Charles  II,  to  the  same  1**5.  J 

proprietors  of  Carolina.     4.  Mem,  Am.  586.  '*'    '' 

Declaration  de  guerre  par  la  France  contre  I'Angleterre.  16M,  J 

3   Mem.    Am.    123. 
Declaration  of  war  by  the  Idng  of  England  against  the  '***. 

king  of  France.  '' 

The  treaty  of  peace  between  France  and  England  made 

at  Breda.      ;  Corps.  Dipl,  part  i.  p.  511.  Mem.  Am.  3: 
The  treaty  of  peace  and  alliance  between  England  and  the 

United  Provinces  made  at  Breda.      7.  Cor.  Dip.  p. 

i66r.  July 
.657,  July 

.  Mer 

I.  40. 


roi  de  France. 

Acte  de  la  cession  de  I'Acadie 

Directions  from  the  governor  and  council  of  New  York  for 

a  better  settlement  of  the  government  on   Delaware. 

Sm.  N.  J.  51. 
Lovelace's  order  for  customs  at  the  Hoarkills.     Sm.  N.  J 

A  confirmation  of  the  grant  of  the  northern  neck  of  Vir 

ginia  to   the   Earl   of   St.   Albans,   Lord   Berkeley,   Sir 

William  Moreton  and  John  Tretheway, 
Incorporation  of  the  town  o(  Newcastle  or  Amstell. 
A  demise  of  the  colony  of  Virginia  to  the  Earl  of  Arlington 

and  Lord  Culpepper  tor  31  years.      M,  S. 
Treaty  at  London  between  king  Charles  II,  and  the  Dutch. 

Article  VI, 
Remonstrance  against  the  two  grants  of  Charles  II.  of 

Northern  and  Southern  Virginia.     Ment<l.  Beverley  65. 

e6]-a,     Pcb. 

00s,  April  11. 

Notes  on  Virginia  ^55 

Sir  George  Carteret's  instructions  to  Governor  Cateret.      1674,  July  13. 
Governor  Andros's  proclamation  on  taking  possession  of  1674.  Nov.  o- 

Newcastle  for  the  Duke  of  York.     Sm.  N.  J.  78. 
A  proclamation  for  prohibiting  the  importation  of  com-  167s,   Oct.    i. 

modities  of  Europe  into  any  of  his  majesty's  plantations  '^       '  *' 

in  Africa,  Asia,  or  America,  which  were  not  laden  in 

England;  and  for  putting  all  other  laws  relating  to  the 

trade  of  the  plantations  in  effectual  execution. 
The  concessions  and  agreements  of  the  proprietors,  free-  1676.  Mar.   3. 

holders  and  inhabitants  of  the  province  of  West  New 

Jersey  in  America.     Sm.  N.  J.  App.  2. 
A  deed  quintipartite  for  the  division  of  New  Jersey.  1676.  July   i. 

Letter  from  the  proprietors  of  New  Jersey  to  Richard  1676,  Au«.  18. 

Hartshome.     Sm.  N.  J.  80. 
Proprietors  instructions  to  James  Wasse  and   Richard 

Hartshome.     Sm.  N.  J.  83. 
The  charter  of  king  Charles  II.  to  his  subjects  of  Virginia.  1676,  Oct.  10. 

M.S.  '*  ^'  '• 

Cautionary  epistle  from  the  trustees  of  Byllinge's  part  of  1676. 

New  Jersey.     Sm.  N.  J.  84. 
Indian  deed  for  the  lands  between  Rankokas  creek  and  1677,  Sept.  xo. 

Timber  creek,  in  New  Jersey. 
Indian  deed  for  lands  from  Oldman's  creek  to  Timber  1677,  Sept.  ay. 

creek,  in   New  Jersey. 
Indian  deed  for  the  lands  from  Rankokos  creek  to  Assun-  ,677,  Oct.  10. 

pink  creek,  in  New  Jersey. 
The  will  of  Sir  George  Cateret,  sole  proprietor  of  East  "678,   Dec.   5. 

Jersey  ordering  the  same  to  be  sold. 
-An  order  of  the  king  in  council  for  the  better  encourage-  1680,  Feb.  x6. 

ment  of  all  his  majesty's  subjects  in  their  trade  to  his 

majesty's  plantations,  and  for  the  better  information  of 

all  his  majesty's  loving  subjects  in  these  matters — 

Lond.  Gaz.  No.  1596.     Title  in  Amer.  library.  134.  6. 
-Arguments  against  the  customs  demanded  in  New  West  1680. 

Jersey  by  the  governor  of  New  York,  addressed  to  the 

Duke's  commissioners.     Sm.  N.  J.  117. 
Extracts  of  proceedings  of  the  committee  of  trade  and  f  1680, June  14. 

plantations;     copies  of  letters,  reports,  &c.,  between 

the  board  of  trade,  Mr.  Penn,  Lord  Baltimore  and  Sir       jg.  ao.  23. 

John  Werden,  in  the  behalf  of  the  Duke  of  York  and  the      Dec-  ^^^ 

settlement  of  the  Pennsylvania  boundaries  by  the  L.  C.     [^  ,//  peb! 

J.  North.     Votes  of  Repr.  Pennsyl.  vii.-xiii.  ^u- 

2s6  Jefferson's  Works 

163 1,  Mar.  4-  A  grant  of  Pennsylvania  to  William  Penn.     Votes  of  Rep- 

^^*  *•  resen.   Pennsyl.  xviii. 

x68i,  Apr.   a.  The  king's  declaration  to  the  inhabitants  and  planters  of 

the  province  of  Pennsylvania.     Vo.  Repr.  Penn.  xxiv. 

x68x,  July  II.  Certain  conditions  or  concessions  agreed  upon  by  li^^iam 

Penn,  proprietary  and  governor  of  Pennsylvania,  and 
those  who  are  the  adventurers  and  purchasers  in  the 
same  province.     Votes  of  Rep.  Pennsyl.  xxiv. 

1681,  Nov.  9.  Ptindamental  laws  of  the  province  of  West  New  Jersey. 

Sm.  N.  J.  126. 

x68x-3,Jan.x4.  The  methods  of  the  commissioners  for  settling  and  regu- 
lation of  lands  in  New  Jersey.     Sm.  N.  J.  1 30. 

i68x-a,P.  X.  a.  Indentures  of  lease  and  release  by  the  executors  of  Sir 

George  Carteret  to  William  Penn  and  1 1  others,  convey- 
ing East  Jersey. 

i68a,  Mar.  14.  The  Duke  of  York's  fresh  grant  of  East  New  Jersey  to  the 

34  proprietors. 

x68a,  Apr.  as.  The  frame  of  the  government  of  the  province  of  Pennsyl- 
vania, in  America.     Votes  of  Repr.  Penn.  xxvii. 

x68a,  Aug.  ax.  The  Duke  of  York's  deed  for  Pennsylvania.     Vo.  Repr. 

Penn.  xxxv. 

x68a,  Aug.  a4.  The  Dtike  of  York's  deed  for  the  feoffment  of  Newcastle 

and  twelve  miles  circle  to  William  Penn.     Vo.  Repr. 

1 68a,  Aug.  a4.  The  Duke  of  York's  deed  of  feoffment  of  a  tract  of  land 

12  miles  south  from  Newcastle  to  the  Whorekills,  to 
William  Penn.     Vo.  Repr.  Penn.  xxxvii. 

x68a,  Nov.  a?  A  conunission  to  Thomas  Lord  Culpepper  to  be  lieutenant 

^*       *  and  governor-general  of  Virginia.     M.  S. 

x68a,xothinon.  An  act  of  tmion  for  annexing  and  uniting  of  the  counties 

6th  day.  q£  Newcastle,  Jones's  and  Whorekill's,  alias  Deal,  to  the 

province  of  Pennsylvania,  and  of  naturalization  of  afl 
foreigners  in  the  province  and  cotmties  aforesaid. 

x68a,   Dec.  6.  An  act  of  settlement. 

X683,  Apr.   a.  The  frame  of  the  government  of  the  province  of  Penn- 
sylvania and  territories  thereunto  annexed  in  America. 

x68s.  Mar.  n.  Proceedings   of   the   com- 

S^t.  a.*  '  mittee  of  trade  and  Plan- 

Oct.  8,  x7.  3x.        tations  in  the  dispute  be- 

^ov.f.  tween    Lord    Baltimore 

and  Mr.  Penn.     Vo.  R. 
P.  xm — xvm. 

'  1683,  Apr.  X7.a7.      1684,  Feb.  i«. 
May  30.  July  a,  16,  ty 

Jiine  xa.  Sept.  30. 

Dec.  9. 

Notes  on  Virginia  ^57 

A  commission  by  the  proprietors  of  East  New  Jersey  to  i68j,  July  17. 
Robert  Barclay  to  be  governor.     Sm.  N.  J.  166. 

An  order  of  council  for  issuing  a  quo  warranto  against  the  1683,  July  a6. 
charter  of  the  colony  of  the  Massachusetts  bay  in  New  ^^  ^^'  "• 
Bngland,  with  his  majesty's  declaration  that  in  case  the 
said  corporation  of  Massachusetts  bay  shall  before  pros- 
ecution had  upon  the  same  quo  warranto  make  a  full 
submission  and  entire  resignation  to  his  royal  pleasure, 
he  will  then  regulate  their  chareter  in  such  a  manner  as 
shall  be  for  his  service  and  the  good  of  that  colony. 
Title  in  American  library.  139,  6. 

A  commission  to  Lord  Howard  of  Effingham  to  be  lieu-  x68j,  Sep«  sa. 
tenant  and  governor  general  of  Virginia.     M.  S.  ^^  ^'"'  '• 

The  humble  address  of  the  chief  governor,  council  and  1684,   May   1. 
representatives  of  the  island  of  Nevis,  in  the  West 
Indies,  presented  to  his  majesty  by  Colonel  Netheway 
and  Captain  Jefferson,  at  Windsor,  May  3,  1684.     Title 
in  Amer.  libr.  143.  3.  cites  Lond.  Gaz.  No.  1937. 

A  treaty  with  the  Indians  at  Albany.  1684.   ^uf-  •• 

A  treaty  of  neutrality  for  America  between  France  and  1686.  Nov.  16. 
England.     7  Corps  Dipl.  part  2,  p.  44.  2.  Mem.  Am.  40. 

By  the  king,  a  proclamation  for  the  more  effectual  reduc-  1687,  Jan.  10. 
ing  and  suppressing  of  pirates  and  privateers  in  America, 
as  well  on  the  sea  as  on  the  land  in  great  numbers,  com- 
mitting frequent  robberies  and  piracies,  which  hath 
occasioned  a  great  prejudice  and  obstruction  to  trade 
and  commerce,  and  given  a  great  scandal  and  disturb- 
ance to  otu*  government  in  those  parts.  Title  Amer. 
libr.  127.  2.  cites  Lond.  Gaz.  No.  2315. 

Constitution  of  the  cotmcil  of  proprietors  of  West  Jersey.  1687,  P-b.  \9, 
Smith's  N.  Jersey.   199. 

A  confirmation  of  the  grant  of  the  Northern  neck  of  Vir-  16^7.  a«.  Sept. 
ginia  to  Lord  Culpepper.  ''*    ^  ^'^'  '* 

Governor  Coxe's  declaration  to  the  council  of  proprietors  i^sj,  Sept.   s- 
of  West  Jersey.     Sm.  N.  J.  190. 

Provisional  treaty  of  Whitehall  concerning  America  be-  1687,  Dec.  x6. 
tween  France  and  England.     2  Mem.  de  TAm.  89. 

Governor  Coxe*s  narrative  relating  to  the  division  line,  ,687. 
directed  to  the  council  of  proprietors  of  West  Jersey. 
Sm.  App.  No.  4. 

The  representation  of  the  council  of  proprietors  of  West  1687. 
Jersey  to  Governor  Burnet.     Smith.  App.  No.  5. 

YOL.  II — 17 


Jefferson's  Works 


The  remonstrance  and  petition  ot  the  inhabitants  of 

New  Jersey  tti  the  king      Sm,  App.  No.  8. 
The  memorial  of  (he  proprietors  of  East  New  Jersey  to  the 

Lords  of  trade.     Sm.  App.  No.  g. 
s   Agreement  of  the  line  of  partition  between  East  and  West 

New  Jersey.      Smith's  N.  J.  196. 
Conveyance  of  the  government  of  West  Jersey  and  tern. 

toriea,  by  Dr.  Coxe.  to  the  West  Jersey  society. 
}■  A  charter  granted  by  King  William  and  Queen  Mary  to 

the  inhabitants  of  the  province  ot  Massachusetts  bay. 

in  New  England,      a  Mem.  de  I'Am.  593. 
f.  The  frame  of  government  ot  the  province  of  Pennsylvania 

and  the  territories  thereunto  belonging,  passed  by  Gov. 

Markham.     Nov.  7,   1696. 
'  The  treaty  of  peace  between  France  and  England,  made 

at   Ryewick.      7   Corps   Dipl.   part   a.  p.  399.   >   Hem. 

Am.  89. 
('  The  opinion  and  answer  of  the  Lords  of  trade  to  the  memo^ 

rial  of  the  proprietors  o(  East  N.  Jersey.    Sm.  App. 

No.    10. 
s-  The  memorial  of  the  proprietors  of  East  New  Jersey  to 

the  Lords  ot  trade.     Sm.  App.  No.  ii. 
The  petition  of  the  proprietors  of  East  and  West  Nrw 

Jersey  to  the  Lords  justices  of  England.     Sm.  App. 

No.    I  J, 
A  confirmation  of  the  boundary  between  the  colonies  of 

New  York  and  Connecticut,  by  the  crown. 
■■  The  memorial  of  the  proprietors  of  East  and  West  New 

Jersey  to  the  king.     Sm.  App.  No.  14, 
>.  Representations  of  the  Lords  of  trade  to  the  Lords  jusi 

Sm.  App.  No.   18. 
A  treaty  with  the  Indians. 
s.  Report  of  Lords  of  trade  to  king  William,  of  draughts  1 

commission  and  instructions  tor  a  governor  ot  N,  Jer- 
sey.    Sm.  N.  J-  161, 
*-  Surrender  from  the  proprietors  of  E.  and  W.  N.  Jersey,  of 

their  pretended  right  of  government   to  her  majesty 

Queen  Anne      Sm.  N   J.  111. 
'•  The  Queen's  acceptance  of  the  surrender  of  gov 


East  and  West  Jersey.     Sm.  N.  J.  : 


1.  Instructions  to  lord  Combury.     Sm.  N.  J,  »30. 

Notes  on  Virginia  259 

A  commission  from  Queen  Anne  to  Lord  Combury,  to  be  iTost   Dec.   5. 

captain  general  and  governor  in  chief  of  New  Jersey. 

Sm.  N.  J.  320. 
Recognition  by  the  cotmcil  of  proprietors  of  the  true  «703.  June  »?. 

boundary  of  the  deeds  of  Sept.  10.  and  Oct.  10,  1677 

(New  Jersey).     Sm.  N.  J.  96. 
Indian  deeds  for  the  lands  above  the  falls  of  the  Delaware  1703. 

in  West  Jersey. 
Indian  deed  for  the  lands  at  the  head  of  Rankolcus  river, 

in  West  Jersey. 
A  proclamation  by  Queen  Anne,  for  settling  and  ascer-  1704,  June  xS. 

taining  the  current  rates  of  foreign  coins  in  America. 

Sm.  N.  J.  a8i. 
Additional  instructions  to  Lord  Combury.     Sm.  N.  S.  235.  1705*   May   3. 
Additional  instructions  to  Lord  Combury.     Sm.  N.  J.  258.  1707,   May   3. 
Additional  instructions  to  Lord  Combury.    *Sm.  N.J.  259.  1707,  Nov.  ao. 
An  answer  by  the  cormcil  of  proprietors  for  the  western  1707. 

division  of  N.  Jersey,  to  questions  proposed  to  them  by 

Lord  Combury.     Sm.  N.  J.  285. 
Instructions  to  Colonel  Vetch  in  his  negotiations  with  the  1708-9.  Feb. 

governors  of  America.     Sm.  N.  J.  364. 
Instructions  to  the  governor  of  New  Jersey  and  New  » 708-9,     Feb 

York.     Sm.  N.  J.  361.  '*• 

^arl  of  Dartmouth's  letter  to  governor  Htmter.  1710,  Aug. 

Verniers  propositions  de  la  Prance.     6.  Lamberty,  669,  1771.  Apr.  ai. 

2  Mem.  Am.  341. 
I^^ponses  de  la  France  aux  demandes  preliminaries  de  la  '7'*»   ^*-   *• 

Grande  Bretagne.     6  Lamb.  681.  2  Mem.  Amer.  344. 
r>eniandes  preliminaries  plus  particulieres  de  la  Grande-  Sept.  27. 

Bretagne,  avec  les  r^ponses.     2  Mem.  de  I'Am.  346.  '^"*  oct.  8. 

^'acceptation  de  la  part  de  la  Grande-Bretagne.     2  Mem.  Sept.  37. 

Am.  356.  '^"*Ort~8~ 

t^e  Queen's  instructions  to  the  Bishop  of  Bristol  and  Earl  j^^,  i>e^.  ,3 

of  Stafford,  her  plenipotentiaries,  to  treat  for  a  general 

peace.     6  Lamberty,  744.  2  Mem.  Am.  358. 
A  memorial  of  Mr.  St.  John  to  the  Marquis  de  Torci,  with  May    24- 

regard  to  North  America,  to  commerce,  and  to  the  sus-  '^"'  ,^^ 

pension  of  arms.     7.  Recueil  de  Lamberty  161,  2  Mem. 

de  I'Amer.  376. 
R^ponse  du  roi  de  France  au  mdmoire  de  Londres.     7.    «7xa»  June  »o. 

Lamberty,  p.  163.  2  Mem.  Am.  380. 

26o  Jefferson^s  Works 

171a,  Aug.  19-  Traits  pour  une  suspension  d'armes  entre  Lotiis  XIV.  roi 

de  Prance,  and  Anne,  reine  de  la  Grande-Bretagne. 

fait  k  Paris.     8.  Corps  Diplom.  part  i.  p.  308.  a  MeoL 

d'Am.    104. 
171 3.  Sept.  10.  Offere  of  Prance  to  England,  demands  of  England,  and 

the  answers  of  Prance.     7.  Rec.  de  Lamb.  461.  2  Mem. 

Am.  390. 
Mar.  31  Traits  de  paix  et  d'amiti6  entre  Louis  XIV.  roi  de  Prance, 
Apr.   II.      ®*  Anne,  reine  de  la  Grande-Bretagne,  fait  k  Utrecht. 

15  Corps  Diplomatique  de  Dumont,  339.  id.  Latin.  2 

Actes  et  memoires  de  la  pais  d' Utrecht,  457.  id.  Lat. 

Pr.  a  Mem.  Am.  113. 
Mar    31.  Traits  de  navigation  et  de  commerce  entre  Louis  XIV.  roi 
"''^*  April  II       ^®  Prance,  et  Anne,  reine  de  la  Grande-Bretagne.    Pait 

k  Utrecht.     8  Corps  Dipl.  part  i.  p.  345.    a  Mem.  de  V 

Am.  137. 
1736.  A  treaty  with  the  Indians. 

1728,  Jan.         The  petition  of  the  representatives  of  the  province  of  New 

Jersey,  to  have  a  distinct  governor.     Sm.  N.  J.  431. 
173a,  G  a.        Deed  of  release  by  the  government  of  Connecticut  to  that 

of  New  York. 
173a.  June  9.  The  charter  granted  by  George  II.  for  Georgia.     4  Mem. 

20.  5  Uco.  a.  J     t.  A         ^ 

de  1  Am.  617. 

*  7  33 .  Petition  of  Lord  Pairf ax ,  that  a  commission  might  issue  for 

running  and  marking  the  dividing  line  between  his  dis- 
trict and  the  province  of  Virginia. 

1733.  Nov.  ap.  Order  of  the  king  in  council  for  commissioners  to  sur\'ey 

and  settle  the  said  dividing  line  between  the  proprietar>' 
and  royal  territory. 

1736.  Auk-   5   Report  of  the  Lords  of  trade  relating  to  the  separating  the 

government  of  the  province  of  New  Jersey  from  New 
York.     Sm.  N.  J.  423. 

1737,  Au«.  10  Survey  and  report  of  the  commissioners  appointed  on  the 

part  of  the  crown  to  settle  the  line  between  the  crown 
and  Lord  Fairfax. 

1737.  Aug.  II.  Survey  and  report  of  the  commissioners  appointed  on  the 

part  of  Lord  Pairf  ax  to  settle  the  line  between  the  crown- 
and  him. 

1738,  Dec.  ai.  Order  of  reference  of  the  surveys  between  the  crown  an<^ 

Lord  Pairfax  to  the  council  for  plantation  affairs. 
1744.  June.       Treaty  with  the  Indians  of  the  six  nations  at  Lancaster. 

Notes  on  Virginia  261 

Report  of  the  council  for  plantation  affairs,  fixing  the  x745t  Apr.  6. 
head  springs  of  Rappahanoc  and  Potomac,  and  a  com- 
mission to  extend  the  line. 

Order  of  the  king  in  council  confirming  the  said  report  of  ''^5»  ^p*"  '*• 
the  council  for  plantation  affairs. 

Articles  preliminaries  pour  parvenir  k  la  paix,  sign^s  k  Aix-  ''48,  Apr.  30. 
la-Chapelle  entre  les  ministres  de  France,  de  la  Grande- 
Bretagne,  et  des  Provinces-Unies  des  Pays-Bas.    2  Mem. 
de  TAm.  159. 

Declaration  des  ministres  dc  France,  de  la  Grande-Bre-  1748,  May  ai. 
tagne,  et  des  Provinces-Unies  des  Pays-Bas,  pour  recti- 
fier les  articles  I.  et  II.  des  preliminaries.     2  Mem.  Am. 

The  general  and  definitive  treaty  of  peace  concluded  at  1748.  Oct.   7- 
Aix-la-Chapelle.     Lon.    Mag.    1748.    503.     French.    2  '*'    "    *  "* 
Mem.  Am.  169. 

A  treaty  with  the  Indians.  *'^*' 

A    conference   between    governor    Bernard   and    Indian  '7S8.  Aug.  7. 
nations  at  Burlington.     Sm.  N.  J.  449. 

A  conference  between  governor  Denny,  governor  Bernard,  '7s8.   Oct.   8. 
and  others,  and  Indian  nations  at  Easton.     Sm.  N.  J. 

The  capitulation  of  Niagara.  nsQ.  July  25. 

The  king's  proclamation  promising  lands  to  soldiers.  ,y^_ 

The  definitive  treaty  concluded  at  Paris.     Lon.  Mag.  1763.  ,763,  Feb.  10. 

149.  30.3. 

A  proclamation  for  regulating  the  cessions  made  by  the  1763.   Oct.    7. 

last  treaty  of  peace.     Guth.  Geogr.  Gram.  623.  ^' 

The  king's  proclamation  against  settling  on  any  lands  on  1763. 

the  waters  westward  of  the  Alleghany. 
Deed  from  the  six  nations  of  Indians  to  William  Trent,  and  «768,  Nov.  3. 

others,  for  lands  betwixt  the  Ohio  and  Monongahela. 

View  of  the  title  to  Indiana.     Phil.  Steiner  and  Cist. 

Deed  from  the  six  nations  of  Indians  to  the  crown  for  cer-  »768,  Nov.  s. 

tain  lands  and  settling  a  boundary.     M.  S. 


The  preceding  sheets  have  been  submitted  to  my 
friend  Mr.  Qiarles  Thompson,  Secretary  of  Congress; 
he  has  furnished  me  with  the  following  observations, 
which  have  too  much  merit  not  to  be  commimicated : 

(A.)  p.  22.  Besides  the  three  channels  of  com- 
mtmication  mentioned  between  the  western  waters 
and  the  Atlantic,  there  are  two  others  to  which  the 
Pennsylvanians  are  turning  their  attention;  one 
from  Presque  Isle,  on  Lake  Erie,  to  Le  Bceuf ,  down 
the  Alleghany  to  Kiskiminitas,  then  up  the  Kliski- 
minitas,  and  from  thence,  by  a  small  portage,  to 
Jimiata,  which  falls  into  the  Susquehanna;  the 
other  from  Lake  Ontario  to  the  East  Branch  of  the 
Delaware,  and  down  that  to  Philadelphia.  Both 
these  are  said  to  be  very  practicable;  and,  consider- 
ing the  enterprising  temper  of  the  Pennsylvanians, 
and  particularly  of  the  merchants  of  Philadelphia, 
whose  object  is  concentred  in  promoting  the  com- 
merce and  trade  of  one  city,  it  is  not  improbable  but 
one  or  both  of  these  commimications  will  be  open 
and  improved. 

(B.)  p.  25.  The  reflections  I  was  led  into  on 
viewing  this  passage  of  the  Potomac  through  the 
Blue  Ridge  were,  that  this  cotmtry  must  have  suf- 
fered some  violent  convulsion,  and  that  the  face  of  it 
must  have  been  changed  from  what  it  probably  was 

«64  Jefferson's  Works 

some  centuries  ago;  that  the  broken  and  ragged 
faces  of  the  mountain  on  each  side  the  river;  the 
tremendous  rocks,  which  are  left  with  one  end  fixed 
in  the  precipice,  and  the  other  jutting  out,  and  seem- 
ingly ready  to  fall  for  want  of  support,  the  bed  of  the 
river  for  several  miles  below  obstructed,  and  filled 
with  the  loose  stones  carried  from  this  mound;  in 
short,  ever\-thing  on  which  you  cast  your  eye  evi- 
dently demonstrates  a  disrujjture  and  breach  in  the 
mountain,  and  that,  before  this  happened,  what  is 
now  a  fruitful  vale,  was  formerly  a  great  lake  or  col- 
lection of  water,  which  possibly  might  have  here 
formed  a  mighty  cascade,  or  had  its  vent  to  the 
ocean  by  the  Susquehanna,  where  the  Blue  Ridge 
seems  to  terminate.  Besides  this,  there  are  other 
parts  of  this  country  which  bear  evident  traces  of  a 
like  convulsion.  From  the  best  accounts  I  have  been 
able  to  obtain,  the  place  where  the  Delaware  now 
flows  through  the  Kittatinney  mountain,  which  is 
a  continuation  of  what  is  called  the  North  Ridge,  or 
mountain,  was  not  its  original  course,  but  that  it 
passed  through  what  is  now  called  "  the  Wind-gap," 
a  place  several  miles  to  the  westward,  and  about  a 
hundred  feet  higher  than  the  present  bed  of  the 
river.  This  Wind-gap  is  about  a  mile  broad,  and  the 
stones  in  it  such  as  seem  to  have  been  washed  for  ages 
by  water  running  over  them.  Should  this  have  been 
the  case,  there  must  have  been  a  large  lake  behind 
that  mountain ,  and  by  some  uncommon  swell  in  the 
waters,  or  by  some  convulsion  of  nature,  the  river  , 

Appendix  265 

must  have  opened  its  way  through  a  different  part 
of  the  mountain,  and  meeting  there  with  less  ob- 
struction, carried  away  with  it  the  opposing  mounds 
of  earth,  and  deluged  the  country  below  with  the 
immense  collection  of  waters  to  which  this  new  pas- 
sage gave  vent.  There  are  still  remaining,  and  daily 
discovered,  innumerable  instances  of  such  a  deluge 
on  both  sides  of  the  river,  after  it  passed  the  hills 
above  the  falls  of  Trenton,  and  reached  the  Cham- 
paign. On  the  New  Jersey  side,  which  is  flatter  than 
the  Pennsylvania  side,  all  the  cotmtry  below  Cros- 
wick  hills  seems  to  have  been  overflowed  to  the  dis- 
tance of  from  ten  to  fifteen  miles  back  from  the  river, 
and  to  have  acquired  a  new  soil  by  the  earth  and 
clay  brought  down  and  mixed  with  the  native  sand. 
The  spot  on  which  Philadelphia  stands  evidently 
appears  to  be  made  ground.  The  different  strata 
through  which  they  pass  in  digging  to  water,  the 
acorns,  leaves,  and  sometimes  branches,  which  are 
found  above  twenty  feet  below  the  surface,  all  seem 
to  demonstrate  this.  I  am  informed  that  at  York- 
town  in  Virginia,  in  the  bank  of  York  river,  there  are 
different  strata  of  shells  and  earth,  one  above  an- 
other, which  seem  to  point  out  that  the  country 
there  has  imdergone  several  changes;  that  the  sea 
has,  for  a  succession  of  ages,  occupied  the  place 
where  dry  land  now  appears;  and  that  the  ground 
has  been  suddenly  raised  at  various  periods.  What 
a  change  would  it  make  in  the  country  below,  should 
the  moxmtains  at  Niagara,  by  any  accident,  be  cleft 


asunder,  and  a  passage  suddenly  opened  to  drain  off 
the  waters  of  Erie  and  the  upper  lakes !  While  rumi- 
nating on  these  subjects,  I  have  often  been  hurried 
away  by  fancy,  and  led  to  imagine,  that  what  is 
now  the  bay  of  Mexico,  was  once  a  champaign 
country;  and  that  from  the  point  or  cape  of  Florida, 
there  was  a  continued  range  of  mountains  through 
Cuba,  Hispaniola.  Porto  Rico,  Martinique,  Guada- 
loupe,  Barbadoes,  and  Trinidad,  till  it  reached  the 
coast  of  America,  and  formed  the  shores  which 
bounded  the  ocean,  and  guarded  the  country'  behind; 
that  by  come  convulsion  or  shock  of  nature,  the  sea 
had  broken  through  these  mounds,  and  deluged  that 
vast  plain,  till  it  reached  the  foot  of  the  Andes;  that 
being  there  heaped  up  by  the  trade  winds,  always 
blowing  from  one  quarter,  it  had  found  its  way  back, 
as  it  continues  to  do,  through  the  Gulf  between 
Florida  and  Cuba,  carrying  with  it  the  loam  and 
sand  it  may  have  scooped  from  the  country  it  had 
occupied,  part  of  which  it  may  have  deposited  on  the 
shores  of  North  America,  and  with  part  formed  the 
banks  of  Newfoundland.  But  these  are  only  the 
visions  of  fancy. 

(3)  P-  5^-  There  is  a  plant,  or  weed,  called  the 
Jamestown  weed,'  of  a  very  singular  quality.  The 
late  Dr.  Bond  informed  me,  that  he  had  under  his 
care  a  patient,  a  young  girl,  who  had  put  the  seeds 
of  this  plant  into  her  eye,  which  dilated  the  pupil 
to  such  a  degree,  that  she  could  see  in  the  dark,  but 

'  Datura  [>ericarpiia  erectis  ovatis,     Linn. 

Appendix  267 

in  the  light  was  almost  blind.  The  effect  that  the 
leaves  had  when  eaten  by  a  ship's  crew  that  arrived 
at  Jamestown,  are  well  known/ 

(4.)  p.  93.  Monsieur  Btiffon  has  indeed  given  an 
aflSicting  picture  of  human  nature  in  his  description 
of  the  man  of  America.  But  sure  I  am  there  never 
was  a  picture  more  tmlike  the  original.  He  grants 
indeed  that  his  stature  is  the  same  as  that  of  the  man 
of  Europe.  He  might  have  admitted,  that  the  Iro- 
quois were  larger,  and  the  Lenopi,  or  Delawares, 
taller  than  people  in  Europe  generally  are.  But  he 
says  their  organs  of  generation  are  smaller  and 
weaker  than  those  of  Europeans.  Is  this  a  fact  ?  I 
believe  not;  at  least  it  is  an  observation  I  never 
heard  before. — "They  have  no  beard."  Had  he 
known  the  pains  and  trouble  it  costs  the  men  to 
pluck  out  by  the  roots  the  hair  that  grows  on  their 
faces,  he  would  have  seen  that  nature  had  not  been 
deficient  in  that  respect.  Every  nation  has  its  cus- 
toms. I  have  seen  an  Indian  beau,  with  a  looking- 
glass  in  his  hand,  examining  his  face  for  hours  to- 
gether, and  plucking  out  by  the  roots  every  hair  he 
could  discover,  with  a  kind  of  tweezer  made  of  a 
piece  of  fine  brass  wire,  that  had  been  twisted  round 
a  stick,  and  which  he  used  with  great  dexterity. — 
"They  have  no  ardor  for  their  females."  It  is  true 
they  do  not  indulge  those  excesses,  nor  discover  that 
fondness  which  is  customary  in  Europe;  but  this  is 

*  An  instance  of  temporary  imbecility  produced  by  them  is  men- 
tioned, Beverl.  H.  of  Virg:  b.  2,  c.  4. 

afiS  Jefferson's  Works 

not  owing  to  a  defect  in  nature  but  to  manners. 
Their  soul  is  wholly  bent  upon  war.  This  is  what 
procures  them  glory  among  the  men,  and  makes 
them  the  admiration  of  the  women.  To  this  they 
are  educated  from  their  earliest  youth.  When  they 
pursue  game  with  ardor,  when  they  bear  the  fatigues 
of  the  chase,  when  they  sustain  and  suffer  patiently 
hunger  and  cold ;  it  is  not  so  much  for  the  sake  of  the 
game  they  pursue,  as  to  convince  their  parents  and 
the  council  of  the  nation  that  they  arc  fit  to  be  en- 
rolled in  the  number  of  the  warriors.  The  songs  of 
the  women,  the  dance  of  the  warriors,  the  sage  coun- 
sel of  the  chiefs,  the  tales  of  the  old,  the  triumphal 
entry  of  the  warriors  returning  with  success  from 
battle,  and  the  respect  paid  to  those  who  distinguish 
themselves  in  war,  and  in  subduing  their  enemies; 
in  short,  everything  they  see  or  hear  tends  to  inspire 
them  with  an  ardent  desire  for  military  fame.  If  a 
young  man  were  to  discover  a  fondness  for  women 
before  he  has  been  to  war,  he  would  become  the  con- 
tempt of  the  men,  and  the  scorn  and  ridicule  of  the 
women.  Or  were  he  to  indulge  himself  with  a  cap- 
tive taken  in  war,  and  much  more  were  he  to  offer 
violence  in  order  to  gratify  his  lust,  he  would  incur 
indelible  disgrace.  The  seeming  frigidity  of  the  men, 
therefore,  is  the  effect  of  manners,  and  not  a  defect 
of  nature.  Besides,  a  celebrated  warrior  is  oftener 
courted  by  the  females,  than  he  has  occasion  to  court; 
and  this  is  a  point  of  honor  which  the  men  aim  at. 

Appendix  269 

Instances  similar  to  that  of  Ruth  and  Boaz*  are  not 
uncommon  among  them.  For  though  the  women 
are  modest  and  diffident,  and  so  bashftil  that  they 
seldom  lift  up  their  eyes,  and  scarce  ever  look  a  man 
full  in  the  face,  yet,  being  brought  up  in  great  sub- 
jection, custom  and  manners  reconcile  them  to 
modes  of  acting,  which,  judged  of  by  Europeans, 
would  be  deemed  inconsistent  with  the  rules  of  female 
decorum  and  propriety.  I  once  saw  a  young  widow, 
whose  husband,  a  warrior,  had  died  about  eight  days 
before,  hastening  to  finish  her  grief,  and  who,  by 
tearing  her  hair,  beating  her  breast,  and  drinking 
spirits,  made  the  tears  flow  in  great  abundance,  in 
order  that  she  might  grieve  much  in  a  short  space  of 
time,  and  be  married  that  evening  to  another  young 
warrior.  The  manner  in  which  this  was  viewed  by 
the  men  and  women  of  the  tribe,  who  stood  round, 
silent  and  solemn  spectators  of  the  scene,  and  the 
indifference  with  which  they  answered  my  question 
respecting  it,  convinced  me  that  it  was  no  unusual 
custom,  I  have  known  men  advanced  in  years, 
whose  wives  were  old  and  past  child-bearing,  take 
young  wives,  and  have  children,  though  the  practice 
of  polygamy  is  not  common.  Does  this  savor  of 
frigidity,  or  want  of  ardor  for  the  female?  Neither 
do  they  seem,  to  be  deficient  in  natural  affection.  I 
have  seen  both  fathers  and  mothers  in  the  deepest 

*  When  Boaz  had  eaten  and  drank,  and  his  heart  was  merry,  he  went 
to  lie  down  at  the  end  of  the  heap  of  com ;  and  Ruth  came  softly,  and 
uncovered  his  feet,  and  laid  her  down.     Ruth,  iii.  7. 

27°  Jefferson's  Works 

affliction,  when  their  children  have  been  danger- 
ously ill;  though  I  believe  the  affection  is  stronger 
in  the  descending  than  the  ascending  scale,  and 
though  custom  forbids  a  father  to  grieve  immoder- 
ately for  a  son  slain  in  battle,  "That  they  are  tim- 
orous and  cowardly,"  is  a  character  with  which  there 
is  little  reason  to  charge  them,  when  we  recollect  the 

manner  in  which  the  Iroquois  met  Monsieur , 

who  marched  into  their  country;  in  which  the  old 
men,  who  scorned  to  fly,  or  to  survive  the  capture  of 
their  town,  braved  death,  like  the  old  Romans  in  the 
time  of  the  Gauls,  and  in  which  they  soon  after  re- 
venged themselves  by  sacking  and  destroying  Mon- 
treal. But  above  all,  the  unshaken  fortitude  with 
which  they  bear  the  most  excruciating  tortures  and 
death  when  taken  prisoners,  ought  to  exempt  them 
from  that  character.  Much  less  are  they  to  be 
characterized  as  a  people  of  no  vivacity,  and  who 
are  excited  to  action  or  motion  only  by  the  calls  of 
hunger  and  thirst.  Their  dances  in  which  they  so 
much  delight,  and  which  to  an  European  would  be 
the  most  severe  exercise,  fully  contradict  this,  not  to 
mention  their  fatiguing  marches,  and  the  toil  they 
voluntarily  and  cheerfully  undergo  in  their  military 
expeditions,  It  is  true,  that  when  at  home,  they 
do  not  employ  themselves  in  labor  or  the  culture  of 
the  soil;  but  this  again  is  the  effect  of  customs  and 
manners,  which  have  assigned  that  to  the  province 
of  the  women.  But  it  is  said,  they  are  averse  to 
society  and  a  social  life.     Can  anything  be  more 

Appendix  271 

inapplicable  than  this  to  a  people  who  always  live  in 
towns  or  clans?  Or  can  they  be  said  to  have  no 
"republic,"  who  conduct  all  their  aflfairs  in  national 
councils,  who  pride  themselves  in  their  national 
character,  who  consider  an  insult  or  injury  done  to 
an  individual  by  a  stranger  as  done  to  the  whole, 
and  resent  it  accordingly?  In  short,  this  picture  is 
not  applicable  to  any  nation  of  Indians  I  have  ever 
known  or  heard  of  in  North  America. 

(S-)  P-  134-  As  far  as  I  have  been  able  to  learn, 
the  country  from  the  sea  coast  to  the  Alleghany,  and 
from  the  most  southern  waters  of  James  river  up  to 
Patuxen  river,  now  in  the  State  of  Maryland,  was 
occupied  by  three  different  nations  of  Indians,  each 
of  which  spoke  a  different  language,  and  were  under 
separate  and  distinct  governments.  What  the  orig- 
inal or  real  names  of  those  nations  were,  I  have  not 
been  able  to  learn  with  certainty;  but  by  us  they 
are  distinguished  by  the  names  of  Powhatans,  Man- 
xiahoacs,  and  Monacans,  now  commonly  called  Tus- 
caroras.  The  Powhatans,  who  occupied  the  country 
from  the  sea  shore  up  to  the  falls  of  the  rivers,  were 
a  powerful  nation,  and  seem  to  have  consisted  of 
seven  tribes,  five  on  the  western  and  two  on  the 
eastern  shore.  Each  of  these  tribes  was  subdivided 
into  towns,  families,  or  clans,  who  lived  together. 
All  the  nations  of  Indians  in  North  America  lived  in 
the  hunter  state,  and  depended  for  subsistence  on 
htmting,  fishing,  and  the  spontaneous  fruits  of  the 
earth,  and  a  kind  of  grain  which  was  planted  and 


Jefferson's  Works 

gathered  by  the  women,  and  is  now  known  by  the 
name  of  Indian  com.  Long  potatoes,  pumpkins  of 
various  kinds,  and  squashes,  were  also  found  in  use 
among  them.  They  had  no  flocks,  herds,  or  tamed 
animals  of  any  kind.  Their  government  is  a  kind 
of  patriarchal  confederacj'.  Every  town  or  family 
has  a  chief,  who  is  distinguished  by  a  particular  title, 
and  whom  we  commonly  call  "Sachem."  The  sev- 
eral towns  or  families  that  compose  a  tribe,  have  a', 
chief  who  presides  over  it,  and  the  several  tribes 
composing  a  nation  have  a  chief  who  presides  over 
the  whole  nation.  These  chiefs  are  generally  men 
advanced  in  years,  and  distinguished  by  their  pru- 
dence and  abilities  in  council.  The  matters  which 
merely  regard  a  town  or  family  are  settled  by  the 
chief  and  principal  men  of  the  town;  those  which 
regard  a  tribe,  such  as  the  appointment  of  head  war- 
riors or  captains,  and  settling  differences  between 
different  towns  and  families,  are  regulated  at  a  meet^, 
ing  or  council  of  the  chiefs  from  the  several  towns; 
and  those  which  regard  the  whole  nation,  such  as  tl 
making  war,  concluding  peace,  or  forming  alliant 
with  the  neighboring  nations,  are  deliberated  on  and' 
determined  in  a  national  council  composed  of  the 
chiefs  of  the  tribe,  attended  by  the  head  warriors  and 
a  number  of  the  cliiefs  from  the  towns,  who  are  his 
counsellors.  In  every  town  there  is  a  council  hoi 
where  the  chief  and  old  men  of  the  town  assemblt 
when  occasion  requires,  and  consult  what  is  pro] 
to  be  done.     Every  tribe  has  a  fixed  place  for 





Appendix  273 

chiefs  of  the  towns  to  meet  and  constdt  on  the  busi- 
ness of  the  tribe;  and  in  every  nation  there  is  what 
they  call  the  central  cotincil  house,  or  central  council 
fire,  where  the  chiefs  of  the  several  tribes,  with  the 
principal  warriors,  convene  to  consult  and  determine 
on  their  national  affairs.  When  any  matter  is  pro- 
posed in  the  national  coimcil,  it  is  common  for  the 
chiefs  of  the  several  tribes  to  consult  thereon  apart 
with  their  cotmsellors,  and  when  they  have  agreed,  to 
deliver  the  opinion  of  the  tribe  at  the  national  coun- 
cil; and,  as  their  government  seems  to  rest  wholly 
on  persuasion,  they  endeavor,  by  mutual  conces- 
sions, to  obtain  unanimity.  Such  is  the  government 
that  still  subsists  among  the  Indian  nations  border- 
ing upon  the  United  States.  Some  historians  seem 
to  think  that  the  dignity  of  office  of  Sachem  was 
hereditary.  But  that  opinion  does  not  appear  to  be 
well  foxmded.  The  sachem  or  chief  of  the  tribe 
seems  to  be  by  election.  And  sometimes  persons 
who  are  strangers,  and  adopted  into  the  tribe,  are 
promoted  to  this  dignity,  on  account  of  their  abili- 
ties. Thus  on  the  arrival  of  Captain  Smith,  the 
first  founder  of  the  colony  of  Virginia,  Opechanca- 
nough,  who  was  Sachem  or  chief  of  the  Chickahom- 
inies,  one  of  the  tribes  of  the  Powhatans,  is  said  to 
have  been  of  another  tribe,  and  even  of  another  na- 
tion, so  that  no  certain  account  could  be  obtained  of 
his  origin  or  descent.  The  chiefs  of  the  nation  seem 
to  have  been  by  a  rotation  among  the  tribes.  Thus 
ij^hen  Captain  Smith,  in  the  year  1609,  questioned 

VOL.  II — 18 


Jefferson's  Works 


Powhatan  (who  was  the  chief  of  the  nation,  and 
whose  proper  name  is  said  to  have  been  Wahun- 
sonacock)  respecting  the  succession,  the  old  chief 
informed  him,  "that  he  was  very  old,  and  had  seen 
the  death  of  all  his  people  thrice;'  that  not  one  of 
these  generations  were  then  living  except  himself; 
that  he  must  soon  die,  and  the  succession  descend 
in  order  to  his  brothers Opichapan,0pechancanough, 
and  Catataugh,  and  then  to  his  two  sisters,  and 
their  two  daughters."  But  these  were  appellations 
designating  the  tribes  in  the  confederacy.  For  the 
persons  named  are  not  his  real  brothers,  but  the 
chiefs  of  different  tribes.  Accordingly  in  1618,  when 
Powhatan  died,  he  was  succeeded  by  Opichapan, 
and  after  his  decease,  Opechancanough  became  chief 
of  the  nation.  I  need  only  mention  another  in- 
stance to  show  that  the  chiefs  of  the  tribes  claimed 
this  kindred  with  the  head  of  the  nation.  In  1622, 
when  Raleigh  Crashaw  was  with  Japazaw,  the 
Sachem  or  chief  of  the  Potomacs,  Opechancanough, 
who  had  great  power  and  influence,  being  the  second 
man  in  the  nation,  and  next  in  succession  to  Opicha- 

'  This  is  one  generation  more  than  the  poet  ascribes  to  the  hie  of 

T6  d'  ede  duo  men  geneai  meropfi  anthr&p6n 
Epbthiath  oi  oi  prosthen  ama  traphen  ed'  egneonto 
En  PulO  egatbee,  meta  de  tritatoisin  anassen. 

II.  Horn.  II.  15a 
Two  generations  now  had  passed  away, 
Wise  by  his  rules,  and  happy  by  his  sway; 
Two  ages  o'er  his  native  realm  he  reign'd, 
And  now  th'  example  of  the  third  remained.  PoH 

Appendix  275 

pan,  and  who  was  a  bitter  but  secret  enemy  to  the 
English,  and  wanted  to  engage  his  nation  in  a  war 
with  them,  sent  two  baskets  of  beads  to  the  Potomac 
chief,  and  desired  him  to  kill  the  Englishman  that 
was  with  him.  Japazaw  replied,  that  the  English 
were  his  friends,  and  Opichapan  his  brother,  and  that 
therefore  there  shotdd  be  no  blood  shed  between 
them  by  his  means.  It  is  also  to  be  observed,  that 
when  the  English  first  came  over,  in  all  their  con- 
ferences with  any  of  the  chiefs,  they  constantly  heard 
him  make  mention  of  his  brother,  with  whom  he 
must  consult,  or  to  whom  he  referred  them,  meaning 
thereby  either  the  chief  of  the  nation  or  the  tribes 
in  confederacy.  The  Manahoacks  are  said  to  have 
been  a  confederacy  of  fotir  tribes,  and  in  alliance 
with  the  Monacans,  in  the  war  which  they  were  car- 
rying on  against  the  Powhatans. 

To  the  northward  of  these  there  was  another  pow- 
erftil  nation  which  occupied  the  country  from  the 
head  of  the  Chesapeake  bay  up  to  the  Kittatinney 
mountain,  and  as  far  eastward  as  Connecticut  river, 
comprehending  that  part  of  New  York  which  lies 
between  the  Highlands  and  the  ocean,  all  the  State 
of  New  Jersey,  that  part  of  Pennsylvania  which  is 
watered,  below  the  range  of  the  Kittatinney  moun- 
tains, by  the  rivers  or  streams  falling  into  the  Dela- 
ware, and  the  county  of  Newcastle  in  the  State  of 
Delaware,  as  far  as  Duck  creek.  It  is  to  be  observed, 
that  the  nations  of  Indians  distinguished  their  coun- 
tries one  from  another  by  nattiral  boundaries,  such 

276  Jefferson's  Works 

as  ranges  of  moxmtains  or  streams  of  water.  But  as 
the  heads  of  rivers  frequently  interlock,  or  approach 
near  to  each  other,  as  those  who  live  upon  a  stream 
claim  the  country  watered  by  it,  they  often  en- 
croached on  each  other,  and  this  is  a  constant  source 
of  war  between  the  different  nations.  The  nation 
occupying  the  tract  of  country  last  described,  called 
themselves  Lenopi.  The  French  writers  call  them 
Loups;  and  among  the  English  they  are  now  com- 
monly called  Delawares.  This  nation  or  confed- 
eracy consisted  of  five  tribes,  who  all  spoke  one 
language,  i.  The  Chihohocki,  who  dwelt  on  the 
west  side  of  the  river  now  called  Delaware,  a  name 
which  it  took  from  Lord  De  la  War,  who  put  into 

it   on   his  passage  from  Virginia  in  the  year , 

but  which  by  the  Indians  was  called  Chihohocki. 
2.  The  Wanami,  who  inhabit  the  country  called  New 
Jersey,  from  the  Rariton  to  the  sea.  3.  The  Mun- 
sey,  who  dwelt  on  the  upper  streams  of  the  Dela- 
ware, from  the  Kittatinney  mountains  down  to  the 
Lehigh  or  western  branch  of  the  Delaware.  4,  The 
Wabinga,  who  are  sometimes  called  River  Indians, 
sometimes  Mohickanders,  and  who  had  their  dwell- 
ing between  the  west  branch  of  Delaware  and  Hud- 
son's river,  from  the  Kittatinney  Ridge  down  to  the 
Rariton;  and  5.  The  Mahiccon,  or  Manhattan,  who 
occupied  Staten  Island,  York  Island  (which  from  its 
being  the  principal  seat  of  their  residence  was  form- 
erly called  Manhattan),  Long  Island,  and  that  part 
of  New  York  and  Connecticut  which  lies  between 

Appendix  ^77 

Hudson  and  Connecticut  rivers,  from  the  highland, 
which  is  a  continuation  of  the  Kittatinney  Ridge 
down  to  the  Sound.  This  nation  had  a  close  alliance 
with  the  Shawanese,  who  lived  on  the  Susquehanna 
and  to  the  westward  of  that  river,  as  far  as  the  Alle- 
ghany mountains,  and  carried  on  a  long  war  with 
another  powerful  nation  or  confederacy  of  Indians, 
which  lived  to  the  north  of  them  between  the  Kit- 
tatinney motmtains  or  highlands,  and  the  Lake  On- 
tario, and  who  call  themselves  Mingoes,  and  are 
called  by  the  French  writers  Iroquois,  by  the  English 
the  Five  Nations,  and  by  the  Indians  to  the  south- 
ward; with  whom  they  were  at  war,  Massawomacs. 
This  war  was  carrying  on  in  its  greatest  fury,  when 
Captain  Smith  first  arrived  in  Virginia.  The  Mingo 
warriors  had  penetrated  down  the  Susquehannah  to 
the  mouth  of  it.  In  one  of  his  exctirsions  up  the 
bay,  at  the  mouth  of  Susquehannah,  in  1608,  Cap- 
tain Smith  met  with  six  or  seven  of  their  canoes  full 
of  warriors,  who  were  coming  to  attack  their  enemies 
in  the  rear.  In  an  excursion  which  he  had  made  a 
few  weeks  before,  up  the  Rappahannock,  and  in 
which  he  had  a  skirmish  with  a  party  of  the  Mana- 
hoacs,  and  taken  a  brother  of  one  of  their  chiefs 
prisoner,  he  first  heard  of  this  nation.  For  when  he 
asked  the  prisoner  why  his  nation  attacked  the 
English?  the  prisoner  said,  because  his  nation  had 
heard  that  the  English  came  from  tmder  the  world  to 
take  their  world  from  them.  Being  asked,  how  many 
worlds  he  knew  ?  he  said,  he  knew  but  one,  which  was 


Jefferson's  Works 


under  the  sky  that  covered  him,  and  which  con- 
sisted of  Powhatans,  the  Manakins,  and  the  Massa- 
womacs.  Being  questioned  concerning  the  latter, 
he  said,  they  dwelt  on  a  great  water  to  the  North, 
that  they  had  many  boats,  and  so  many  men,  that 
they  waged  war  with  all  the  rest  of  the  world.  The 
Mingo  confederacj'  then  consisted  of  five  tribes; 
three  who  are  the  elder,  to  wit,  the  Senecas,  who  live 
to  the  West,  the  Mohawks  to  the  East,  and  the 
Onondagas  between  them;  and  two  who  are  called 
the  younger  tribes,  namely,  the  Cayugas  and  Oneidas. 
All  these  tribes  speak  one  language,  and  were  then 
united  in  a  close  confederacy,  and  occupied  the  tract 
of  country  from  the  east  end  of  Lake  Erie  to  Lake 
Champlain,  and  from  the  Kittatinney  and  High- 
lands to  the  Lake  Ontario  and  the  river  Cadaraqui, 
or  St.  Lawrence.  They  had  some  time  before  that. 
carried  on  a  war  with  a  nation,  who  lived  beyond  the 
lakes,  and  were  called  Adirondacks.  In  this  war 
they  were  worsted;  but  having  made  a  peace  with 
them,  through  the  intercession  of  the  French  who 
were  then  settling  Canada,  they  turned  their  arms 
against  the  Lenopi;  and  as  this  war  was  long  and 
doubtful,  they,  in  the  course  of  it,  not  only  exerted 
their  whole  force,  but  put  in  practice  every  measure 
which  prudence  or  policy  could  devise  to  bring  it  to 
a  successful  issue.  For  this  ptupose  they  bent  their 
course  down  the  Susquehannah,  and  warring  with 
the  Indians  in  their  way,  and  having  penetrated  as 
far  as  the  mouth  of  it,  they,  by  the  terror  of  their 

Appendix  279 

arms,  engaged  a  nation,  now  known  by  the  name  of 
Nanticocks,  Conoys,  and  Tuteloes,  and  who  lived 
between  Chesapeake  and  Delaware  bays,  and  border- 
ing on  the  tribe  of  Chihohocki,  to  enter  into  an  alli- 
ance with  them.  They  also  formed  an  alliance  with 
the  Monicans,  and  stimtilated  them  to  a  war  with  the 
Lenopi  and  their  confederates.  At  the  same  time 
the  Mohawks  carried  on  a  f  xirious  war  down  the  Hud- 
son against  the  Mohiccons  and  River  Indians,  and 
compelled  them  to  ptirohase  a  temporary  and  pre- 
carious peace,  by  acknowledging  them  to  be  their 
superiors,  and  paying  an  annual  tribute.  The 
Lenopi  being  surrotmded  with  enemies,  and  hard 
pressed,  and  having  lost  many  of  their  warriors,  were 
at  last  compelled  to  sue  for  peace,  which  was  granted 
to  them  on  the  condition  that  they  should  put  them- 
selves under  the  protection  of  the  Mingoes,  confine 
themselves  to  raising  com,  hunting  for  the  sub- 
sistence of  their  families,  and  no  longer  have  the 
power  of  making  war.  This  is  what  the  Indians  call 
making  them  women.  And  in  this  condition  the 
Lenopi  were  when  William  Penn  first  arrived  and 
began  the  settlement  of  Pennsylvania  in  1682. 

(6.)  p.  135.  From  the  figurative  language  of  the 
Indians,  as  well  as  from  the  practice  of  those  we  are 
still  acquainted  with,  it  is  evident  that  it  was  and 
still  continues  to  be,  a  constant  custom  among  the 
Indians  to  gather  up  the  bones  of  the  dead,  and  de- 
posit them  in  a  particular  place.  Thus,  when  they 
make  peace  with  any  nation  with  whom  they  have 

aSo  Jefferson's  Works 

been  at  war,  after  burying  the  hatchet,  they  take  up 
the  belt  of  wampum,  and  say,  "  We  now  gather  up 
all  the  bones  of  those  who  have  been  slain,  and  bury 
them,"  &c.  See  all  the  treaties  of  peace.  Besides, 
it  is  customarj'  when  any  of  them  die  at  a  distance 
■  from  home,  to  bury  them,  and  afterwards  to  come 
and  take  up  the  bones  and  carry  them  home.  At  a 
treaty  which  was  held  at  Lancaster  with  the  Ss 
Nations,  one  of  them  died,  and  was  buried  in  the 
woods  a  little  distance  from  the  town.  Some  time 
after  a  party  came  and  took  up  the  body,  separated 
the  flesh  from  the  bones  by  boUing  and  scraping 
them  clean,  and  carried  them  to  be  deposited  in  the 
sepulchres  of  their  ancestors.  The  operation  was  so 
offensive  and  disagreeable,  that  nobody  could  come 
near  them  while  they  were  performing  it, 

(7.)  p.  146.  The  Oswektchies.  Connosedk,goes  and 
Cohunnegagoes,  or,  as  they  are  commonly  called, 
Caghnewkgos,  are  of  the  Mingo  or  Six  Nation  In- 
dians, who,  by  the  influence  of  the  French  mission- 
aries, have  been  separated  from  their  nation,  and 
induced  to  settle  there. 

I  do  not  know  of  what  nation  the  Augqukgahs  are, 
but  suspect  they  are  a  family  of  the  Senecas. 

The  Nanticocks  and  Conoies  were  formerly  of  a 
nation  that  lived  at  the  head  of  Chesapeake  bay,  and 
who,  of  late  years,  have  been  adopted  into  the  Mingo 
or  Iroquois  confederacy,  and  make  a  seventh  nation. 
The  Monacans  or  Tuscaroras,  who  were  taken  into 
the  confederacy  in  1712,  making  the  sixth. 

Appendix  281 

The  Saponies  are  families  of  the  Wanamies,  who 
removed  from  New  Jersey,  and  with  the  Mohiccons, 
Munsies,  and  Delawares,  belonging  to  the  Lenopi 
nation.  The  Mingos  are  a  war  colony  from  the  Six 
Nations;  so  are  the  Cohunnewagos. 

Of  the  rest  of  the  Northern  tribes  I  never  have  been 
able  to  learn  anything  certain.  But  all  accounts 
seem  to  agree  in  this,  that  there  is  a  very  powerful 
nation,  distingtiished  by  a  variety  of  names  taken 
from  the  seyeral  towns  or  families,  but  commonly 
called  Tkwas  or  Ottawas,  who  speak  one  language, 
and  live  rotmd  and  on  the  waters  that  fall  into  the 
western  lakes,  and  extend  from  the  waters  of  the 
Ohio  qtiite  to  the  waters  falling  into  Hudson's  bay. 

No.  II. 

In  the  summer  of  the  year  1783,  it  was  expected  that  the  assembly 
of  "N^rginia  would  call  a  Convention  for  the  establishment  of  a  Consti- 
tution. The  following  draught  of  a  fundamental  Constitution  for  the 
Commonwealth  of  Virginia  was  then  prepared,  with  a  design  of  being 
proposed  in  such  Convention  had  it  taken  place. 

To  the  citizens  of  the  commonwealth  of  Virginia, 
and  all  others  whom  it  may  concern,  the  delegates  for 
the  said  commonwealth  in  Convention  assembled, 
send  greeting: 

It  is  known  to  you  and  to  the  world,  that  the  gov- 
ernment of  Great  Britain,  with  which  the  American 
States  were  not  long  since  connected,  asstmied  over 
them  an  authority  tmwarrantable  and  oppressive; 
that  they  endeavored  to  enforce  this  authority  by 

382  Jefferson's  Works 

arms,  and  that  the  States  of  New  Hampshire,  MaJ 
chusetts,  Rhode  Island,  Connecticut,  New  York, 
New  Jersey,  Pennsylvania,  Delaware,  Maryland, 
Virginia,  North  Carolina,  South  Carolina,  and 
Georgia,  considering  resistance,  with  all  its  train  of 
horrors,  as  a  lesser  evil  than  abject  submission, 
closed  in  the  appeal  to  arms.  It  hath  jileased  the 
Sovereign  Disposer  of  all  human  events  to  give  to  this 
appeal  an  issue  favorable  to  the  rights  of  the  States; 
to  enable  them  to  reject  forever  all  dependence  on  a 
government  which  had  shown  itself  so  capable  of 
abusing  the  trusts  reposed  in  it;  and  to  obtain  from 
that  government  a  solemn  and  explicit  acknowledg- 
ment that  they  are  free,  sovereign,  and  independent 
States.  During  the  progress  of  that  war,  through 
which  we  had  to  labor  for  the  establishment  of  ourJ 
rights,  the  legislature  of  the  commonwealth  of  Vir« 
ginia  found  it  necessary  to  make  a  temporary  organi-  ' 
zation  of  government  for  preventing  anarchy,  and 
pointing  our  efforts  to  the  two  important  objects  of 
war  against  our  invaders,  and  peace  and  happiness 
among  ourselves.  But  this,  like  all  other  acts  of  leg- 
islation, being  subject  to  change  by  subsequent  legis- 
latures, possessing  equal  powers  with  themselves ;  i^ 
has  been  thought  expedient,  that  it  should  receive^ 
those  amendments  which  time  and  trial  have  sug- 
gested, and  be  rendered  permanent  by  a  power  supe- 
rior to  that  of  the  ordinary  legislature.  The  general 
assembly  therefore  of  this  State  recommend  it  to  the 
good  people  thereof,  to  choose  delegates  to  meet  in 

Appendix  283 

general  convention,  with  powers  to  form  a  con- 
stitution of  government  for  them,  and  to  declare 
those  fundamentals  to  which  all  our  laws  present 
and  future  shall  be  subordinate ;  and,  in  compliance 
with  this  recommendation,  they  have  thought  proper 
to  make  choice  of  us,  and  to  vest  us  with  powers  for 
this  purpose. 

We,  therefore,  the  delegates,  chosen  by  the  said 
good  people  of  this  State  for  the  purpose  aforesaid, 
and  now  assembled  in  general  convention,  do  in  exe- 
cution of  the  authority  with  which  we  are  invested, 
establish  the  following  constitution  and  ftmdamen- 
tals  of  government  for  the  said  State  of  Virginia : 

The  said  State  shall  forever  hereafter  be  governed 
as  a  commonwealth. 

The  powers  of  government  shall  be  divided  into 
three  distinct  departments,  each  of  them  to  be  con- 
fided to  a  separate  body  of  magistracy ;  to  wit,  those 
which  are  legislative  to  one,  those  which  are  judici- 
ary to  another,  and  those  which  are  executive  to 
another.  No  person,  or  collection  of  persons,  being 
of  one  of  these  departments,  shall  exercise  any  power 
properly  belonging  to  either  of  the  others,  except  in 
the  instances  hereinafter  expressly  permitted. 

The  legislature  shall  consist  of  two  brancjies,  the 
one  to  be  called  the  House  of  Delegates,  the  other  the 
Senate,  and  both  together  the  General  Assembly. 
The  concurrence  of  both  of  these,  expressed  on  three 
several  readings,  shall  be  necessary  to  the  passage 
of  a  law. 


Jefferson's  Works 

Delegates  for  the  general  assembly  shall  be  chosen 
on  the  last  Monday  of  November  in  every  year.  But 
if  an  election  cannot  be  concluded  on  that  day,  it 
may  be  adjourned  from  day  to  day  till  it  can  be  con- 

The  number  of  delegates  which  each  county  ma] 
send  shall  be  in  proportion  to  the  number  of  its  qu! 
fied  electors ;  and  the  whole  number  of  delegates  for 
the  State  shall  be  so  proportioned  to  the  whole  num- 
ber of  qualified  electors  in  it,  that  they  shall  never 
exceed  three  hundred,  nor  be  fewer  than  one  hun- 
dred. Whenever  such  excess  or  deficiency  shall  take 
place,  the  House  of  Delegates  so  deficient  or  excessive 
shall,  notwithstanding  this,  continue  in  being  during 
its  legal  term;  but  they  shall,  during  that  term,  re- 
adjust the  proportion,  so  as  to  bring  their  number 
within  the  limits  before  mentioned  at  the  ensuing 
election.  If  any  county  be  reduced  in  its  qualified 
electors  below  the  number  authorized  to  send  one 
delegate,  let  it  be  annexed  to  some  adjoining  county. 

For  the  election  of  senators,  let  the  several  counties 
be  allotted  by  the  senate,  from  time  to  time,  into 
such  and  so  many  districts  as  they  shall  find  best 
and  let  each  county  at  the  time  of  electing  its  d( 
gates,  choose  senatorial  electors,  qualified  as  thi 
selves  are.  and  four  in  number  for  each  delegate  their 
county  is  entitled  to  send,  who  shall  convene,  and 
conduct  themselves,  in  such  manner  as  the  legisla- 
ture shall  direct,  with  the  senatorial  electors  from  the 
other  counties  of  their  district,  and  then  choose,  by 


Appendix  285 

ballot,  one  senator  for  every  six  delegates  which  their 
district  is  entitled  to  choose.  Let  the  senatorial  dis- 
tricts be  divided  into  two  classes,  and  let  the  mem- 
bers elected  for  one  of  them  be  dissolved  at  the  first 
ensuing  general  election  of  delegates,  the  other  at  the 
next,  and  so  on  alternately  forever. 

All  free  male  citizens,  of  full  age,  and  sane  mind, 
who  for  one  year  before  shall  have  been  resident  in 
the  cotmty,  or  shall  through  the  whole  of  that  time 
have  possessed  therein  real  property  of  the  value  of 

;  or  shall  for  the  same  time  have 

been  enrolled  in  the  militia,  and  no  others,  shall  have 
a  right  to  vote  for  delegates  for  the  said  cotmty,  and 
for  senatorial  electors  for  the  district.  They  shall 
give  their  votes  personally,  and  viva  voce. 

The  general  assembly  shall  meet  at  the  place  to 
which  the  last  adjournment  was,  on  the  forty-second 
day  after  the  day  of  election  of  delegates,  and  thence- 
forward at  any  other  time  or  place  on  their  own  ad- 
journment, till  their  office  expires,  which  shall  be  on 
the  day  preceding  that  appointed  for  the  meeting  of 
the  next  general  assembly.  But  if  they  shall  at  any 
tinie  adjourn  for  more  than  one  year,  it  shall  be  as  if 
they  had  adjourned  for  one  year  precisely.  Neither 
house,  without  the  concurrence  of  the  other,  shall 
adjourn  for  more  than  one  week,  nor  to  any  other 
place  than  the  one  at  which  they  are  sitting.  The 
governor  shall  also  have  power,  with  the  advice  of 
the  coimcil  of  State,  to  call  them  at  any  other 
time  to  the  same  place,  or  to  a  different  one,  if  that 

a86  Jefferson's  Works 

shall  have  become,  since  the  last  adjournment,  dan- 
gerous from  an  enemy,  or  from  infection. 

A  majority  of  either  house  shall  be  a  quorum,  and 
shall  be  requisite  for  doing  business;  but  any  smaller 
proportion  which  from  time  to  time  shall  be  thought 
expedient  by  the  respective  houses,  shall  be  sufficient 
to  call  for,  and  to  punish,  their  non-attending  mem- 
bers, and  to  adjourn  themselves  for  any  time  not 
exceeding  one  week. 

The  members,  during  their  attendance  on  the  gen- 
eral assembly,  and  for  so  long  a  time  before  and  after 
as  shall  be  necessary  for  travelling  to  and  from  the 
same,  shall  be  privileged  from  all  personal  restraint 
and  assault,  and  shall  have  no  other  privilege  what- 
soever. They  shall  receive  during  the  same  time, 
daily  wages  in  gold  or  silver,  equal  to  the  value  of  two 
bushels  of  wheat.  This  value  shall  be  deemed  one 
dollar  by  the  bushel  till  the  year  1790,  in  which,  and 
in  every  tenth  year  thereafter,  the  general  court,  at 
their- first  sessions  in  the  year,  shall  cause  a  special 
jury,  of  the  most  respectable  merchants  and  farmers, 
to  be  summoned,  to  declare  what  shall  have  been  the 
averaged  value  of  wheat  during  the  last  ten  years; 
which  averaged  value  shall  be  the  measure  of  wages 
for  the  ten  subsequent  years. 

Of  this  general  assembly,  the  treasurer,  attorney 
general,  register,  ministers  of  the  gospel,  officers  of 
the  regular  armies  of  this  State,  or  of  the  United 
States,  persons  receiving  salaries  or  emoluments  from 
any  power  foreign  to  our  confederacy,  those  who  are 

Appendix  287 

not  resident  in  the  county  for  which  they  are  chosen 
delegates,  or  districts  for  which  they  are  chosen  sena- 
tors, those  who  are  not  qualified  as  electors,  persons 
who  shall  have  committed  treason,  felony,  or  such 
other  crime  as  would  subject  them  to  infamous  ptm- 
ishment,  or  who  shall  have  been  convicted  by  due 
course  of  law  of  bribery  or  corruption,  in  endeavoring 
to  procure  an  election  to  the  said  assembly,  shall  be 
incapable  of  being  members.  All  others,  not  herein 
elsewhere  excluded,  who  may  elect,  shall  be  capable 
of  being  elected  thereto. 

Any  member  of  the  said  assembly  accepting  any 
office  of  profit  tmder  this  State,  or  the  United  States, 
or  any  of  them,  shall  thereby  vacate  his  seat,  but 
shall  be  capable  of  being  re-elected. 

Vacancies  occasioned  by  such  disqualifications, 
by  death,  or  otherwise,  shall  be  supplied  by  the  elect- 
ors, on  a  writ  from  the  speaker  of  the  respective 

The  general  assembly  shall  not  have  power  to  in- 
fringe this  constitution;  to  abridge  the  civil  rights 
of  any  person  on  accotmt  of  his  religious  belief;  to 
restrain  him  from  professing  and  supporting  that 
belief,  or  to  compel  him  to  contributions,  other  than 
those  he  shall  have  personally  stipulated  for  the  sup- 
port of  that  or  any  other;  to  ordain  death  for  any 
crime  but  treason  or  mtirder,  or  military  offences ;  to 
pardon,  or  give  a  power  of  pardoning  persons  duly 
convicted  of  treason  or  felony,  but  instead  thereof 
they  may  substitute  one  or  two  new  trials,  and  no 

a88  Jefferson's  Works 

more ;  to  pass  laws  for  punishing  actions  done  before 
the  existence  of  such  laws;  to  pass  any  bill  of  at- 
tainder of  treason  or  felony;  to  prescribe  torture  in 
any  case  whatever;  nor  to  permit  the  introduction 
of  any  more  slaves  to  reside  in  this  State,  or  the  con- 
tinuance of  slavery  beyond  the  generation  which 
shall  be  living  on  the  thirty-first  day  of  December, 
one  thousand  eight  hundred;  all  persons  bom  after 
that  day  being  hereby  declared  free. 

The  general  assembly  shall  have  power  to  sever 
from  this  State  all  or  any  parts  of  its  territory  west- 
ward of  the  Ohio,  or  of  the  meridian  of  the  mouth  of 
the  Great  Kanhaway,  and  to  cede  to  Congress  one 
hundred  square  miles  of  territory  in  any  other  part 
of  this  State,  exempted  from  the  jurisdiction  and 
government  of  this  State  so  long  as  Congress  shall 
hold  their  sessions  therein,  or  in  any  territory  adja- 
cent thereto,  which  may  be  tendered  to  them  by  any 
other  State. 

They  shall  have  power  to  appoint  the  sp)eakers  of 
their  respective  houses,  treasurer,  auditors,  attorney 
general,  register,  all  general  officers  of  the  militarj' 
their  own  clerks  and  sergeants,  and  no  other  officers, 
except  where,  in  other  parts  of  this  constitution,  si 
appointment  is  expressly  given  them. 

The  executive  powers  shall  be  exercised  by  a  Gffo^ 
ernor,  who  shall  be  chosen  by  joint  ballot  of  both 
houses  of  assembly,  and  when  chosen  shall  remain  in 
office  five  years,  and  be  ineligible  a  second  time. 
During  his  term  he  shall  hold  no  other  office  or  emol- 


Appendix  280 

ument  under  this  State,  or  any  other  State  or  power 
whatsoever.  By  executive  powers,  we  mean  no  refer- 
ence to  those  powers  exercised  under  our  former 
government  by  the  crown  as  of  its  prerogative,  nor 
that  these  shall  be  the  standard  of  what  may  or  may 
not  be  deemed  the  rightful  powers  of  the  governor. 
We  give  him  those  powers  only,  which  are  necessary 
to  execute  the  laws  (and  administer  the  government), 
and  which  are  not  in  their  nature  either  legislative  or 
judiciary.  The  application  of  this  idea  must  be  left 
to  reason.  We  do  however  expressly  deny  him  the 
prerogative  powers  of  erecting  courts,  offices,  bor- 
oughs, corporations,  fairs,  markets,  ports,  beacons, 
Hght-houses,  and  sea-marks;  of  laying  embargoes,  of 
establishing  precedence,  of  retaining  within  the  State, 
or  recalling  to  it  any  citizen  thereof,  and  of  making 
denizens,  except  so  far  as  he  may  be  authorized  from 
time  to  time  by  the  legislature  to  exercise  any  of 
those  powers.  The  power  of  declaring  war  and  con- 
cluding peace,  of  contracting  alliances,  of  issuing  let- 
ters of  marque  and  reprisal,  of  raising  and  introduc- 
ing armed  forces,  of  building  armed  vessels,  forts,  or 
strongholds,  of  coining  money  or  regulating  its  value, 
of  regulating  weights  and  measures,  we  leave  to  be 
exercised  under  the  authority  of  the  confederation; 
but  in  all  cases  respecting  them  which  are  out  of  the 
said  confederation,  they  shall  be  exercised  by  the 
governor,  under  the  regulation  of  such  laws  as  the 
legislatiire  may  think  it  expedient  to  pass. 

The  whole  military  of  the  State,  whether  regidar, 

VOL.  II — 19 

•9®  Jefferson's  Works 

or  of  militia,  shall  be  subject  to  his  directions;  but 
he  shall  leave  the  execution  of  those  directions  to 
the  general  officers  appointed  by  the  legislature. 

His  salary  shall  be  fixed  by  the  legislature  at  the 
session  of  the  assembly  in  which  he  shall  be  appointed, 
and  before  such  appointment  be  made;  or  if  it  be 
not  then  fixed,  it  shall  be  the  same  which  his  next 
predecessor  in  office  was  entitled  to.  In  either  case 
he  may  demand  it  quarterly  out  of  any  money  which 
shall  be  in  the  public  treasury;  and  it  shall  not  be 
in  the  power  of  the  legislature  to  give  him  less  or 
more,  either  during  his  continuance  in  office,  or  after 
he  shall  have  gone  out  of  it.  The  lands,  houses,  and 
other  things  appropriated  to  the  use  of  the  governor, 
shall  remain  to  his  use  during  his  continuance  in 

A  Council  of  State  shall  be  chosen  by  joint  ballot 
of  both  houses  of  assembly,  who  shall  hold  their 
offices  seven  yeais,  and  be  ineligible  a  second  time, 
and  who,  while  they  shall  be  of  the  said  council,  shall 
hold  no  other  office  or  emolument  under  this  State, 
or  any  other  State  or  power  whatsoever.  Their 
duty  shall  be  to  attend  and  advise  the  governor 
when  called  on  by  him,  and  their  advice  in  any  case 
shall  be  a  sanction  to  him.  They  shall  also  have 
power,  and  it  shall  be  their  duty,  to  meet  at  their 
own  will,  and  to  give  their  advice,  though  not  re- 
quired by  the  governor,  in  cases  where  they  shall 
think  the  public  good  calls  for  it.  Their  advice  Eind 
proceedings  shall  be  entered  in  books  to  be  kept  for 

Appendix  391 

that  purpose,  and  shall  be  signed  as  approved  or 
disapproved  by  the  members  present-  These  books 
shall  be  laid  before  either  house  of  assembly  when 
called  for  by  them.  The  said  cotmcil  shall  consist 
of  eight  members  for  the  present;  but  their  ntmi- 
bers  may  be  increased  or  reduced  by  the  legislattire, 
whenever  they  shall  think  it  necessary;  provided 
such  reduction  be  made  only  as  the  appointments 
become  vacant  by  death,  resignation,  disqualifica- 
tion, or  regular  deprivation.  A  majority  of  their 
actual  number,  and  not  fewer,  shall  be  a  quorum. 

They  shall  be  allowed  for  the  present each  by 

the  year,  payable  quarterly  out  of  any  money  which 
shall  be  in  the  public  treasury.  Their  salary,  how- 
ever, may  be  increased  or  abated  from  time  to  time, 
at  the  discretion  of  the  legislature;  provided  such 
increase  or  abatement  shall  not,  by  any  ways  or 
means,  be  made  to  affect  either  then,  or  at  any 
future  time,  any  one  of  those  then  actually  in  office. 
At  the  end  of  each  quarter  their  salary  shall  be 
divided  into  equal  portions  by  the  ntmiber  of  days 
on  which,  during  that  quarter,  a  council  has  been 
held,  or  required  by  the  governor,  or  by  their  own 
adjournment,  and  one  of  those  portions  shall  be 
withheld  from  each  member  for  every  of  the  said 
days  which,  without  cause  allowed  good  by  the 
board,  he  failed  to  attend,  or  departed  before  ad- 
journment without  their  leave.  If  no  board  should 
have  been  held  during  that  qtiarter,  there  shall  be 
no  deduction. 

29^  Jefferson's  Works 

They  shall  annually  choose  a  President,  who  shall 
preside  in  council  in  the  absence  of  the  governor, 
and  who,  in  case  of  his  office  becoming  vacant  by 
death  or  otherwise,  shall  have  authority  to  exercise 
all  his  functions,  till  a  new  appointment  be  made, 
as  he  shall  also  in  any  interval  during  which  the 
governor  shall  declare  himself  unable  to  attend  to 
the  duties  of  his  office. 

The  Judiciary  powers  shall  be  exercised  by  county 
courts  and  such  other  inferior  courts  as  the  legisla- 
ture shall  think  proper  to  continue  or  to  erect,  by 
three  superior  courts,  to  wit,  a  Court  of  Admiralty, 
a  general  Court  of  Common  Law,  and  a  High  Court 
of  Chancery;  and  by  one  Supreme  Court,  to  be 
called  the  Court  of  Appeals. 

The  judges  of  the  high  court  of  chancery,  general 
court,  and  court  of  admiralty,  shall  be  four  in  num- 
ber each,  to  be  appointed  by  joint  ballot  of  both 
houses  of  assembly,  and  to  hold  their  offices  during 
good  behavior.  While  they  continue  judges,  they 
shall  hold  no  other  office  or  emolument,  under  this 
State,  or  any  other  State  or  power  whatsoever, 
except  that  they  may  be  delegated  to  Congress, 
receiving  no  additional  allowance. 

These  judges,  assembled  together,  shall  consti- 
tute the  Court  of  Appeals,  whose  business  shall  be 
to  receive  and  determine  appeals  from  the  three 
superior  courts,  but  to  receive  no  original  causes, 
except  in  the  cases  expressly  permitted  herein. 

A  majority  of  the  members  of  either  of  these  courts, 

Appendix  293 

and  not  fewer,  shall  be  a  quortim.  But  in  the  Cotirt 
of  Appeals  nine  members  shall  be  necessary  to  do 
business.  Any  smaller  ntmibers  however  may  be 
authorized  by  the  legislature  to  adjourn  their  re- 
spective courts. 

They  shall  be  allowed  for  the  present each 

by  the  year,  payable  quarterly  out  of  any  money 
which  shall  be  in  the  public  treasury.  Their  sala- 
ries, however,  may  be  increased  or  abated,  from 
time  to  time,  at  the  discretion  of  the  legislature, 
provided  such  increase  or  abatement  shall  not  by 
any  ways  or  means,  be  made  to  affect,  either  then, 
or  at  any  future  time,  any  one  of  those  then  actually 
in  office.  At  the  end  of  each  quarter  their  salary 
shall  be  divided  into  equal  portions  by  the  number 
of  days  on  which,  during  that  quarter,  their  respec- 
tive courts  sat,  or  should  have  sat,  and  one  of  these 
portions  shall  be  withheld  from  each  member  for 
every  of  the  said  days  which,  without  cause  allowed 
good  by  his  court,  he  failed  to  attend,  or  departed 
before  adjournment  without  their  leave.  If  no 
court  should  have  been  held  during  the  quarter, 
there  shall  be  no  deduction. 

There  shall,  moreover,  be  a  Court  of  Impeachments, 
to  consist  of  three  members  of  the  Cotmcil  of  State, 
one  of  each  of  the  superior  courts  of  Chancery,  Com- 
mon Law,  and  Admiralty,  two  members  of  the 
house  of  delegates  and  one  of  the  Senate,  to  be 
chosen  by  the  body  respectively  of  which  they  are. 
Before  this  court  any  member  of  the  three  branches 

394  Jefferson's  Works 

of  government,  that  is  to  say,  the  governor,  any 
member  of  the  council,  of  the  two  houses  of  l^is- 
lature,  or  of  the  superior  courts,  may  be  impeached 
by  the  governor,  the  council,  or  either  of  the  said 
houses  or  courts,  and  by  no  other,  for  such  misbe- 
havior in  office  as  would  be  sufficient  to  remove  him 
therefrom;  and  the  only  sentence  they  shall  have 
authority  to  pass  shall  be  that  of  deprivation  and 
future  incapacity  of  office.  Seven  members  shall 
be  requisite  to  make  a  court,  and  two-thirds  of  those 
present  must  concur  in  the  sentence.  The  offences 
cognizable  by  this  court  shall  be  cognizable  by  no 
other,  and  they  shall  be  triers  of  the  fact  as  well  as 
judges  of  the  law. 

The  justices  or  judges  of  the  inferior  courts  already 
erected,  or  hereafter  to  be  erected,  shall  be  appointed 
by  the  governor,  on  advice  of  the  council  of  State, 
and  shall  hold  their  offices  during  good  behavior,  or 
the  existence  of  their  courts.  For  breach  of  the 
good  behavior,  they  shall  be  tried  according  to  the 
laws  of  the  land,  before  the  Court  of  Appeals,  who 
shall  be  judges  of  the  fact  as  well  as  of  the  law.  The 
only  sentence  they  shall  have  authority  to  pass  shall 
be  that  of  deprivation  and  future  incapacity  of  office. 
and  two-thirds  of  the  members  present  must  concur 
in  this  sentence. 

All  courts  shall  appoint  their  own  clerks,  who 
shall  hold  their  offices  during  good  behavior,  or  the 
existence  of  their  coiu^;  they  shall  also  appoint  all 
other  attending  officers  to  continue   during   their 

Appendix  295 

pleasure.  Clerks  appointed  by  the  supreme  or 
superior  cotirts  shall  be  removable  by  their  respec- 
tive courts.  Those  to  be  appointed  by  other  courts 
shall  have  been  previously  examined,  and  certified 
to  be  duly  qualified,  by  some  two  members  of  the 
general  court,  and  shall  be  removable  for  breach 
of  the  good  behavior  by  the  Court  of  Appeals  only, 
w6o  shall  be  judges  of  the  fact  as  well  as  of  the  law. 
Two-thirds  of  the  members  present  must  concur  in 
the  sentence. 

The  justices  or  judges  of  the  inferior  courts  may 
be  members  of  the  legislature. 

The  judgment  of  no  inferior  court  shall  be  final, 
in  any  civil  case,  of  greater  value  than  fifty  bushels 
of  wheat,  as  last  rated  in  the  general  court  for  setting 
the  allowance  to  the  members  of  the  general  assem- 
bly, nor  in  any  case  of  treason,  felony,  or  other  crime 
which  should  subject  the  party  to  infamous  pun- 

In  all  causes  depending  before  any  court,  other 
than  those  of  impeachments,  of  appeals,  and  mili- 
tary courts,  facts  put  in  issue  shall  be  tried  by  jury, 
and  in  all  courts  whatever  witnesses  shall  give  testi- 
mony viva  voce  in  open  court,  wherever  their  attend- 
ance can  be  procured ;  and  all  parties  shall  be  allowed 
counsel  and  compulsory  process  for  their  witnesses. 

Fines,  amercements,  and  terms  of  imprisonment 
left  indefinite  by  the  law,  other  than  for  contempts, 
shall  be  fixed  by  the  jury,  triers  of  the  offence. 

The  governor,  two  councillors  of  State,  and  a 

3p6  Jefferson's  Works 

judge  from  each  of  the  sup>erior  Courts  of  Chancery, 
Common  Law,  and  Admiralty,  shall  be  a  council  to 
revise  all  bills  which  shall  have  passed  both  houses 
of  assembl}-.  in  which  council  the  governor,  when 
present,  shall  preside.  Every  bill,  before  it  becomes 
a  law,  shall  be  represented  to  this  council,  who  shall 
have  a  right  to  advise  its  rejection,  returning  the 
bill,  with  their  advice  and  reasons  in  writing,  to  the 
house  in  which  it  originated,  who  shall  proceed  to 
reconsider  the  said  bill.  But  if  after  such  recon- 
sideration, two-thirds  of  the  house  shall  be  of  opin- 
ion that  the  bill  should  pass  finally,  they  shall  pass 
and  send  it,  with  the  advice  and  written  reasons  of 
the  said  Council  of  Revision,  to  the  other  house, 
wherein  if  two-thirds  also  shall  be  of  opinion  it 
should  pass  finally,  it  shall  thereupon  become  law; 
otherwise  it  shall  not. 

If  any  bill,  presented  to  the  said  council,  be  not, 
within  one  week  (exclusive  of  the  day  of  presenting 
it)  returned  by  them,  with  their  advice  of  rejection 
and  reasons,  to  the  house  wherein  it  originated,  or  to 
the  clerk  of  the  said  house,  in  case  of  its  adjournment 
over  the  expiration  of  the  week,  it  shall  be  law  from 
the  expiration  of  the  week,  and  shall  then  be  de- 
mandable  by  the  clerk  of  the  House  of  Delegates, 
to  be  filed  of  record  in  his  office. 

The  bills  which  they  approve  shall  become  law 
from  the  time  of  such  approbation,  and  shall  then 
be  returned  to,  or  demandable  by,  the  clerk  of  the 
House  of  Delegates,  to  be  filed  of  record  in  his  office. 

Appendix  ^97 

A  bill  rejected  on  advice  of  the  Council  of  Revision 
may  again  be  proposed,  dtiring  the  same  session  of 
assembly,  with  such  alterations  as  will  render  it  con- 
formable to  their  advice. 

The  members  of  the  said  Council  of  Revision  shall 
be  appointed  from  time  to  time  by  the  board  or  court 
of  which  they  respectively  are.  Two  of  the  execu- 
tive and  two  of  the  judiciary  members  shall  be 
requisite  to  do  business ;  and  to  prevent  the  evils  of 
non-attendance,  the  board  and  courts  may  at  any 
time  name  all,  or  so  many  as  they  will,  of  their 
members,  in  the  particular  order  in  which  they 
wotild  choose  the  duty  of  attendance  to  devolve 
from  preceding  to  subsequent  members,  the  preced- 
ing failing  to  attend.  They  shall  have  additionally 
for  their  services  in  this  council  the  same  allowance 
as  members  of  assembly  have. 

The  confederation  is  made  a  part  of  this  consti- 
tution, subject  to  such  future  alterations  as  shall  be 
agreed  to  by  the  legislature  of  this  State,  and  by 
all  the  other  confederating  States. 

The  delegates  to  Congress  shall  be  five  in  nximber ; 
any  three  of  whom,  and  no  fewer,  may  be  a  repre- 
sentation. They  shall  be  appointed  by  joint  ballot 
of  both  houses  of  assembly  for  any  term  not  exceed- 
ing one  year,  subject  to  be  recalled,  within  the  term, 
by  joint  vote  of  both  the  said  houses.  They  may 
at  the  same  time  be  members  of  the  legislative  or 
judiciary  departments,  but  not  of  the  executive. 

The  benefits  of  the  writ  of  Habeas  Corpus  shall  be 

998  Jefferson's  Works 

extended,  by  the  legislature,  to  every  person  withm 
this  State,  and  without  fee,  and  shall  be  so  facilitated 
that  no  person  may  be  detained  in  prison  more 
than  ten  days  after  he  shall  have  demanded  and 
been  refused  such  writ  by  the  judge  appointed  by 
law.  or  if  none  be  appointed,  then  by  any  judge  of  a 
superior  court,  nor  more  than  ten  days  after  such 
writ  shall  have  been  served  on  the  person  detaining 
him,  and  no  order  given,  on  due  examination,  for 
his  remandment  or  discharge. 

The  military  shall  be  subordinate  to  the  civil  power. 

Printing  presses  shall  be  subject  to  no  other  re- 
straint than  liableness  to  legal  prosecution  for  false 
facts  printed  and  published. 

Any  two  of  the  three  branches  of  government  con- 
curring in  opinion,  each  by  the  voice  of  two- thirds  of 
their  whole  existing  number,  that  a  convention  is 
necessary  for  altering  this  constitution,  or  correcting 
breaches  of  it,  they  shall  be  authorized  to  issue  writs 
to  every  county  for  the  election  of  so  many  delegates 
as  they  are  authorized  to  send  to  the  general  assem- 
bly, which  elections  shall  be  held,  and  writs  returned, 
as  the  laws  shall  have  provided  in  the  case  of  elec- 
tions of  delegates  of  assembly,  mutatis  mutandis, 
and  the  said  delegates  shall  meet  at  the  usual  place 
of  holding  assemblies,  three  months  after  date  of 
such  writs,  and  shall  be  acknowledged  to  have  equal 
powers  with  this  present  convention.  The  said  writs 
shall  be  signed  by  all  the  members  approving  the 

Appendix  299 

To  introduce  this  government,  the  following  special 
and  temporary  provision  is  made. 

This  convention  being  authorized  only  to  amend 
those  laws  which  constituted  the  form  of  govern- 
ment, no  general  dissolution  of  the  whole  system  of 
laws  can  be  supposed  to  have  taken  place;  but  all 
laws  in  force  at  the  meeting  of  this  convention,  and 
not  inconsistent  with  this  constitution,  remain  in 
full  force,  subject  to  alterations  by  the  ordinary 

The  present  general  assembly  shall  continue  till 
the  forty-second  day  after  the  last  Monday  of  Novem- 
ber in  this  present  year.  On  the  said  last  Monday 
of  November  in  this  present  year,  the  several  coim- 
ties  shall  by  their  electors  qualified  as  provided  by 
this   constitution,    elect   delegates,    which   for   the 

present  shall  be,  in  number,  one  for  every 

militia  of  the  said  county,  according  to  the  latest 
returns  in  possession  of  the  governor,  and  shall  also 
choose  senatorial  electors  in  proportion  thereto, 
which  senatorial  electors  shall  meet  on  the  four- 
teenth day  after  the  day  of  their  election,  at  the 
court  house  of  that  county  of  their  present  district 
which  would  stand  first  in  an  alphabetical  arrange- 
ment of  their  counties,  and  shall  choose  senators  in 
the  proportion  fixed  by  this  constitution.  The 
elections  and  returns  shall  be  conducted,  in  all  cir- 
cumstances not  hereby  particularly  prescribed,  by 
the  same  persons  and  under  the  same  forms  as  pre- 
scribed by  the  present  laws  in  elections  of  senators 


Jefferson's  Works 

and  delegates  of  assembly.  The  said  senators  and 
delegates  shall  constitute  the  first  general  assembly 
of  the  new  government,  and  shall  specially  apply 
themselves  to  the  procuring  an  exact  return  from 
every  county  of  the  number  of  its  qualified  electors, 
and  to  the  settlement  of  the  number  of  delegates  to 
be  elected  for  the  ensuing  general  assembly. 

The  present  governor  shall  continue  in  office  to 
the  end  of  the  term  for  which  he  was  elected. 

All  other  officers  of  every  kind  shall  continue  in 
office  as  they  would  have  done  had  their  appoint- 
ment been  under  this  constitution,  and  new  ones, 
where  new  are  hereby  called  for,  shall  be  appointed 
by  the  authority  to  which  such  appointment  is 
referred.  One  of  the  present  judges  of  the  general 
court,  he  consenting  thereto,  shall  by  joint  ballot  of 
both  houses  of  assembly,  at  their  first  meeting,  be 
transferred  to  the  High  Court  of  Chancery, 

No.  III. 

1  tibS 

An  Act  for  establishing  Religious  Freedom,  passed  in  the  Assemblf  < 
Virginia  in  the  beginning  of  the  year  1786. 

Well  aware  that  Almighty  God  hath  created 
mind  free ;  that  all  attempts  to  influence  it  by 
poral  punishments  or  burdens,  or  by  civil  incapaci- 
tations, tend  only  to  beget  habits  of  hypocrisy  and 
meanness,  and  are  a  departure  from  the  plan  of  the 
Holy  Author  of  our  relig[ion,  who  being  Lord  both 
of  body  and  mind,  yet  chose  not  to  propagate  it  by 

Appendix  301 

coercions  on  either,  as  was  in  his  Almighty  power 
to  do;  that  the  impious  prestimption  of  legislators 
and  riders,  civil  as  well  as  ecclesiastical,  who,  being 
themselves  but  fallible  and  tminspired  men  have 
assumed  dominion  over  the  faith  of  others,  setting  up 
their  own  opinions  and  modes  of  thinking  as  the  only 
true  and  infallible,  and  as  such  endeavoring  to  impose 
them  on  others,  hath  established  and  maintained 
false  religions  over  the  greatest  part  of  the  world, 
and  through  all  time ;  that  to  compel  a  man  to  furnish 
contributions  of  money  for  the  propagation  of  opin- 
ions which  he  disbelieves,  is  sinful  and  tyrannical; 
that  even  the  forcing  him  to  support  this  or  that 
teacher  of  his  own  religious  persuasion,  is  depriving 
him  of  the  comfortable  liberty  of  giving  his  contri- 
butions to  the  particular  pastor  whose  morals  he 
wotild  make  his  pattern,  and  whose  powers  he  feels 
most  persuasive  to  righteousness,  and  is  withdraw- 
ing from  the  ministry  those  temporal  rewards,  which 
proceeding  from  an  approbation  of  their  personal 
conduct,  are  an  additional  incitement  to  earnest 
and  unremitting  labors  for  the  instruction  of  man- 
kind; that  our  civil  rights  have  no  dependence  on  our 
religious  opinions,  more  than  our  opinions  in  physics 
or  geometry;  that,  therefore,  the  proscribing  any 
citizen  as  unworthy  the  public  confidence  by  laying 
upon  him  an  incapacity  of  being  called  to  the  offices 
of  trust  and  emoltmient,  imless  he  profess  or  re- 
nounce this  or  that  religious  opinion,  is  depriving 
him  injiuiously  of  those  privileges  and  advantages 


Jefferson's  Works 

to  which  in  common  with  his  fellow  citizens  he  has 
a  natural  right;  that  it  tends  also  to  corrupt  the 
principles  of  that  very  religion  it  is  meant  to  en- 
courage, by  bribing,  with  a  monopoly  of  worldly 
honors  and  emoluments,  those  who  will  externally 
profess  and  conform  to  it;  that  though  indeed  these 
are  criminal  who  do  not  withstand  such  temptation, 
yet  neither  are  those  innocent  wlio  lay  the  bait  in 
their  way;  that  to  suffer  the  civil  magistrate  to 
intrude  his  powers  into  the  field  of  opinion  and  to 
restrain  the  profession  or  propagation  of  principles, 
on  the  supposition  of  their  ill  tendency,  is  a  danger- 
ous fallacy,  which  at  once  destroys  all  religious 
liberty,  because  he  being  of  course  judge  of  that 
tendency,  will  make  his  opinions  the  rule  of  judg- 
ment, and  approve  or  condemn  the  sentiments  of 
others  only  as  they  shall  square  with  or  differ  from 
his  own ;  that  it  is  time  enough  for  the  rightful  pur- 
poses of  civil  government,  for  its  offices  to  interfere 
when  principles  break  out  into  overt  acts  against 
peace  and  good  order;  and  finally,  that  truth  is 
great  and  will  prevail  if  left  to  herself,  that  she  is 
the  proper  and  sufficient  antagonist  to  error,  and  has 
nothing  to  fear  from  the  conflict,  unless  by  human 
interposition  disarmed  of  her  natural  weapons,  free 
argument  and  debate,  errors  ceasing  to  be  dangerous 
when  it  is  permitted  freely  to  contradict  them. 

Be  it  therefore  enacted  by  the  General  Assembly,  That 
no  man  shall  be  compelled  to  frequent  or  support 
any  religious  worship,  place  or  ministry  whatsoever, 

Appendix  303 

nor  shall  be  enforced,  restrained,  molested,  or  btir- 


thened  in  his  body  or  goods,  nor  shall  otherwise 
suffer  on  account  of  his  religious  opinions  or  belief; 
but  that  all  men  shall  be  free  to  profess,  and  by 
argument  to  maintain,  their  opinions  in  matters  of 
religion,  and  that  the  same  shall  in  nowise  diminish, 
enlarge,  or  affect  their  civil  capacities. 

And  though  we  well  know  this  Assembly,  elected 
by  the  people  for  the  ordinary  purposes  of  legisla- 
tion only,  have  no  power  to  restrain  the  acts  of  suc- 
ceeding assemblies,  constituted  with  the  powers 
equal  to  otu*  own,  and  that  therefore  to  declare  this 
act  irrevocable,  would  be  of  no  effect  in  law,  yet  we 
are  free  to  declare,  and  do  declare,  that  the  rights 
hereby  asserted  are  of  the  natural  rights  of  mankind, 
and  that  if  any  act  shall  be  hereafter  passed  to  repeal 
the  present  or  to  narrow  its  operation,  such  act  will 
be  an  infringement  of  natural  right. 

Jefferson's  Works 


an  appendix  relative  to  the  murder  op 
Logan's  family.' 

The  "  Notes  on  Virginia  "  were  written,  in  Vii 
in  the  years  1781  and  1782,  in  answer  to  cei 
queries  proposed  to  me  by  Monsieur  de  Marbois,  then 
secretary  of  the  French  legation  in  the  United  States; 
and  a  manuscript  copy  was  delivered  to  him.  A  few 
copies,  with  some  additions,  were  afterwards,  in 
1784,  printed  in  Paris,  and  given  to  particular 
friends.  In  speaking  of  the  animals  of  America,  the 
theory  of  M.  de  BufEon,  the  Ahhi  Raynal,  and  others 
presented  itself  to  consideration.  They  have  sup- 
posed there  is  something  in  the  soil,  climate,  ana 
other  circumstances  of  America,  which  occasions  aiU'^ 
mal  nature  to  degenerate,  not  excepting  even  the 
man,  native  or  adoptive,  physical  or  moral.  This 
theory,  so  unfounded  and  degrading  to  one-third  of 
the  globe,  was  called  to  the  bar  of  fact  and  reason. 
Among  other  proofs  adduced  in  contradiction  of 
this  hypothesis,  the  speech  of  Logan,  an  Indian 
chief,  delivered  to  Lord  Dunmore  in  1774,  was  pro- 
duced, as  a  specimen  of  the  talents  of  the  aboriginals 
of  this  country,  and  particularly  of  their  eloquence; 
and  it  was  believed  that  Europe  had  never  produced 
anything  superior  to  this  morsel  of  eloquence.  In 
order  to  make  it  intelligible  to  the  reader,  the  trans- 
action, on  which  it  was  founded,  was  stated,  as  it 

'  In  connectioD  with  this  appendix 
printed  as  Note  in  p.  8g. 

stter  to  Governor  Hetujf^^H 

Appendix  3^5 

had  been  generally  related  in  America  at  the  time, 
and  as  I  had  heard  it  myself,  in  the  circle  of  Lord 
Dtmmore,  and  the  officers  who  accompanied  him; 
and  the  speech  itself  was  given  as  it  had,  ten  years 
before  the  printing  of  that  book,  circtilated  in  the 
newspapers  through  all  the  then  colonies,  through 
the  magazines  of  Great  Britain,  and  periodical  pub- 
lications of  Europe.  For  three  and  twenty  years  it 
passed  uncontradicted;  nor  was  it  ever  suspected 
that  it  even  admitted  contradiction.  In  1797,  how- 
ever, for  the  first  time,  not  only  the  whole  transac- 
tion respecting  Logan  was  affirmed  in  the  public 
papers  to  be  false,  but  the  speech  itself  suggested  to 
be  a  forgery,  and  even  a  forgery  of  mine,  to  aid 
me  in  proving  that  the  man  of  America  was  equal 
in  body  and  in  mind,  to  the  man  of  Europe. 
But  wherefore  the  forgery;  whether  Logan's 
or  mine,  it  would  still  have  been  American.  I 
should  indeed  consult  my  own  fame  if  the  sugges- 
tion, that  this  speech  is  mine,  were  suffered  to  be 
believed.  He  would  have  just  right  to  be  proud 
who  could  with  truth  claim  that  composition.  But 
it  is  none  of  mine;  and  I  yield  it  to  whom  it  is 

On  seeing  then  that  this  transaction  was  brought 
into  question,  I  thought  it  my  duty  to  make  particu- 
lar inquiry  into  its  foundation.  It  was  the  more  my 
duty,  as  it  was  alleged  that,  by  ascribing  to  an  indi- 
vidual therein  named,  a  participation  in  the  murder 
of  Logan's  family,  I  had  done  an  injtiry  to  his  char- 

VOL.  II — 20 

3o6  Jefferson's  Works 

acter,  which  it  had  not  deserved.  I  had  no  knowl- 
edge personally  of  that  individual.  I  had  no  reason 
to  aim  an  injury  at  him.  I  only  repeated  what  I  had 
heard  from  others,  and  what  thousands  had  heard 
and  believed  as  well  as  myself;  and  which  no  one 
indeed,  till  then,  had  been  known  to  question. 
Twenty-three  years  had  now  elapsed,  since  the  trans- 
action took  place.  Many  of  those  acquainted  with 
it  were  dead,  and  the  living  dispersed  to  very  dis- 
tant parts  of  the  earth.  Few  of  them  were  even 
known  to  me.  To  those  however  of  whom  I  knew, 
I  made  application  by  letter;  and  some  others, 
moved  by  a  regard  for  truth  and  justice,  were  kind 
enough  to  come  forward,  of  themselves,  with  their 
testimony.  These  fragments  of  evidence,  the  small 
remains  of  a  mighty  mass  which  time  has  consumed, 
are  here  presented  to  the  public,  in  the  form  of  let- 
ters, certificates,  or  affidavits,  as  they  came  to  me. 
I  have  rejected  none  of  these  forms,  nor  required 
other  solemnities  from  those  whose  motives  and 
characters -were  pledges  of  their  truth.  Historical 
transactions  are  deemed  to  be  well  vouched  by  the 
simple  declarations  of  those  who  have  borne  a  part 
in  them ;  and  especially  of  persons  having  no  interest 
to  falsify  or  disfigure  them.  The  world  will  now  see 
whether  they,  or  I,  have  injured  Cresap,  by  believing 
Logan's  charge  against  him;  and  they  will  decide 
between  Logan  and  Cresap,  whether  Cresap  was 
innocent,  and  Logan  a  calumniator? 

In  order  that  the  reader  may  have  a  clear  concep- 

Appendix  3^7 

tion  of  the  transaxrtions,  to  which  the  different  parts 
of  the  following  declarations  refer,  he  must  take 
notice  that  xhey  establish  four  different  murders,  i. 
Of  two  Indians,  a  little  above  Wheeling.  2.  Of 
others  at  Grave  Creek,  among  whom  were  some  of 
Logan's  relations.  3.  The  massacre  at  Baker's  bot- 
tom, on  the  Ohio,  opposite  the  mouth  of  Yellow 
Creek,  where  were  other  relations  of  Logan.  4.  Of 
those  killed  at  the  same  place,  coming  in  canoes  to 
the  relief  of  their  friends.  I  place  the  numbers  1,2, 
3,  4,  against  certain  paragraphs  of  the  evidence,  to 
indicate  the  particular  mtirder  to  which  the  para- 
graph relates,  and  present  also  a  small  sketch  or  map 
of  the  principal  scenes  of  these  butcheries,  for  their 
more  ready  comprehension. 

Extract  of  a  letter  from  the  Honorable  Judge  Innes,  of  Frankfort  in  Ken-- 
tucky,  to  Thomas  Jefferson,  dated  Kentucky,  near  Frankfort,  March 
2d,  1799. 

I  recollect  to  have  seen  Logan's  speech  in  1775,  in  one  of  the  public 
prints.  That  Logan  conceived  Cresap  to  be  the  author  of  the  murder 
at  Yellow  Creek,  it  is  in  my  power  to  give,  perhaps,  a  more  particular 
information,  than  any  other  person  you  can  apply  to. 

In  1774  I  lived  in  Fincastle  cotmty,  now  divided  into  Washington, 
Montgomery  and  part  of  Wythe.  Being  intimate  in  Col.  Preston's 
family,  I  happened  in  July  to  be  at  his  house,  when  an  express  was  sent 
to  him  as  Cotmty  Lieut,  requesting  a  guard  of  the  militia  to  be  ordered 
out  for  the  protection  of  the  inhabitants  residing  low  down  on  the 
north  fork  of  Holston  river.  The  express  brought  with  him  a  War 
Qub,  and  a  note  which  was  left  tied  to  it  at  the  house  of  one  Robertson, 
whose  family  were  cut  off  by  the  Indians,  and  gave  rise  for  the  applica- 
tion to  Col.  Preston,  of  which  the  following  i*  a  copy,  then  taken  by 
me  in  my  memorandvim  book. 


Jefferson's  Works 

"Captain  Cresap, — What  did  you  kill  my  people  on  Yellow  Creek 
for?  The  white  people  killed  my  kin  at  Conestoga,  a  great  while  ago: 
and  I  thought  nothing  of  that.  But  you  killed  my  kin  again,  on  Yel- 
low Creek,  and  took  my  Cousin  Prisoner.  Then  I  thought  I  must  kill 
too;  and  I  have  been  three  times  to  war  since:  hut  the  Indians  are  not 
angT-y:   only  myself. 

Captain  JOHN  LOGAN. 
I,  Dear  Sir,  your  most  obedient  ser%-ant, 


■■July  2 

With  great  respect,  I  a 


Before  me,  the  subscriber,  a  justice  of  the  peace  in  and  for  »aid 
county,  personally  appeared  John  Gibson,  Esquire,  an  a&sociate  Judge 
of  same  county,  who  being  duly  sworn,  deposeth  and  saJth  that  h» 
traded  with  the  Shawanese  and  other  tribes  of  Indians  then  settled  on 
the  Siotain  the  year  1773.  and  in  the  beginning  of  the  year  1774,  and 
that  in  the  month  of  April  of  the  same  year,  he  left  the  same  Indian 
towns,  and  came  to  this  place,  in  order  to  procure  some  goods  and  pro- 
visions, that  he  remained  here  only  a  few  days,  and  then  set  out  in 
company  with  a  certain  Alexander  Blaine  and  M.  Elliot  by  water  to 
return  to  the  towns  on  the  Siota.  and  that  one  evening  as  they  were 
drifting  in  their  canoes  near  the  Long  Reach  on  the  Ohio,  they  were 
hailed  by  a  number  of  white  men  on  the  South  West  shore,  who  re- 
quested them  to  put  ashore,  as  they  had  disagreeable  news  to  intonn 
them  of;  that  we  then  landed  on  shore;  and  found  amongst  the  party, 
a  Major  Angus  M'Donald  from  West  Chester,  a  Doctor  Woods  frOB 
same  place,  and  a  party  as  they  said  of  one  hundred  and  fifty  mo- 
We  then  asked  the  news.  They  informed  us  that  some  of  the  partjr 
who  had  been  taken  up,  and  improving  lands  near  the  Big  Kanhkin 
river,  had  seen  another  party  of  white  men,  who  informed  them  tint 
they  and  some  others  had  fell  in  with  a  party  of  Shawanese.  who  brf 
been  hunting  on  the  South  West  side  of  the  Ohio,  that  they  had  kilM 
the  whole  of  the  Indian  party,  and  that  the  others  had  gone  across  the 
country  to  Cheat  nver  with  the  horses  and  plunder,  the  consequeUM 
of  which  they  apprehended  would  be  an  Indian  war,  and  thai  llief 
were  flying  away.  On  making  imjuiry  of  them  when  this  murder 
should  have  happened,  we  found  that  it  must  have  been  some  con- 
siderable time  before  we  left  the  Indian  towns,  and  that  there  w 


the  smallest  foundation  for  the  report,  as  there  was  not  a  single  man 
of  the  Shawanese,  but  what  returned  from  hunting  long  before  this 
should  have  happened. 

We  then  informed  them  that  it  they  would  agree  to  remain  at  the 
place  we  then  were,  one  of  us  would  go  to  Hock  Hocking  river  with 
some  of  their  party,  where  we  should  find  some  of  our  people  making 
canoes,  and  that  if  wc  did  not  find  them  there,  we  might  conclude  that 
everything  was  not  right.  Doctor  Wood  and  another  person  then 
proposed  going  with  me;  the  rest  of  the  party  seemed  to  agree,  but 
said  they  would  send  and  consult  Captain  Cresap,  who  was  about  two 
miles  from  that  place.  They  sent  off  for  him.  and  during  the  greatest 
part  of  the  night  they  behaved  in  the  most  disorderly  manner,  threat- 
ening to  kill  us.  and  saying  the  damned  traders  were  worse  than  the 
Indians  and  ought  to  be  killed.  In  the  morning  Captain  Michael 
Cresap  came  to  the  camp.  I  then  gave  him  the  information  as  above 
related-  They  then  met  in  council,  and  after  an  hour  or  more  Captain 
Cresap  returned  to  me,  and  informed  that  he  could  not  prevail  on  them 
to  adopt  the  proposal  I  had  made  to  them,  that  as  he  had  a  great  regard 
for  Captain  R.  Callender.  a  brother-in-law  of  mine,  with  whom  I  was 
connected  in  trade,  he  advised  me  by  no  means  to  think  of  proceeding 
any  further,  as  he  was  convinced  the  present  party  would  fall  on  and 
kill  every  Indian  they  met  on  the  river,  that  for  his  part  he  should  not 
continue  with  them,  but  go  right  across  the  country  to  Red-Stone  to 
avoid  the  consequences.  That  we  then  proceeded  to  Hocking  and 
went  up  the  same  to  the  canoe  place  where  we  found  our  people  at 
work,  and  after  some  days  we  proceeded  to  the  towns  on  Siota  by  land. 
On  our  arrival  there,  we  heard  of  the  different  murders  committed  by 
the  party  on  their  way  up  the  Ohio. 

This  Deponent  further  saith  that  in  the  year  1774.  he  accompanied 
Lord  Dtmmore  on  the  expedition  against  the  Shawanese  and  other 
Indians  on  the  Siota,  that  on  their  arrival  within  fifteen  miles  of  the 
towns,  they  were  met  by  a  flag,  and  a  white  man  of  the  name  of  Elliot, 
who  informed  Lord  Dunmore  that  the  Chiefs  of  the  Shawanese  had  sent 
10  request  his  Lordship  to  halt  his  army  and  send  in  some  person,  who 
understood  their  language;  that  this  Deponent,  at  the  request  of  Lord 
Dunmore  and  the  whole  of  the  officers  with  him,  went  in;  that  on  his 
arrival  at  the  towns,  Logan,  the  Indian,  came  to  where  the  deponent 
was  sitting  with  the  Com-Stalk.  and  the  other  chiefs  of  the  Shawanese. 
and  asked  him  to  walk  out  with  him;  that  they  went  into  a  copse  of 
wood,  where  they  sat  down,  when  Logan,  after  shedding  abundance 
of  tears,  delivered  to  him  the  speech,  nearly  as  related  by  Mr.  Jefferson 
in  his  Not«s  on  the  State  of  Virginia;  that  he  the  deponent  told  him 


Jefferson's  Works 

that  it  was  not  Col.  Cresap  who  had  murdered  his  relations,  and  that 

although  his  son  Captain  Michael  Cresap  was  with  the  party  who  killed 

a  Shawanese  chief  and  other  Indians,  yet  he  was  not  present  when  his 

■  relations  were  killed  at  Baker's,  near  the  mouth  of  Yellow  Creek  on  the 

I   Ohio;   that  this  Deponent  on  his  return  to  camp  delivered  the  speech 

to  Lord  Dunmore;    and  that  the  murders  perpetrated  as  above  wcn> 

isidered  as  ultimately  the  cause  of  the  war  of  1774,  commonly  called 

CrcEap'swar.  JOHN  GIBSON 

Sworn  and  subscribed  the  4th  April,  iSoo,  at  Pittsburg,  before  me. 


Extract  of  a  Utter  front  Col.  Ebeneztr  Zone,  to  the  konorabU  yokn  Bi\tw%', 
one  of  the  Senators  in  Congress  from  Kentucky;  dated  Wkteling.  Fib. 
4th,  1800. 

I  was  myself,  with  many  others,  in  the  practice  of  making;  improve- 
ments on  lands  upon  the  Ohio,  for  the  purpose  of  acquiring  rights  to 
the  same.  Being  on  the  Ohio  at  the  mouth  of  Sandy  Creek,  in  com- 
pany with  many  others,  news  circulated  that  the  Indiana  had  fobbed 

some  of  the  Land  jobbers.  This  news  induced  the  people  generally 
I     to  ascend  the  Ohio.      I  was  among  the  number.      On  our  arrival  at 

the  Wheeling,  being  informed  that  there  were  two  Indians  with 
some  traders  near  and  above  Wheeling,  a  proposition  was  made  by  the 
then  Captain  Michael  Cresap  to  waylay  and  kill  the  Indians  upon  the 
river.  This  measure  I  opposed  with  much  violence,  alleging  that 
the  kiUing  of  those  Indians  might  involve  the  country  in  a  war. 
But  the  opposite  party  prevailed,  and  proceeded  up  the  Ohio  with 
Captain  Cresap  at  their  head. 

In  a  short  time  the  party  returned,  and  also  the  traders,  in  a  canoe: 
but  there  were  no  Indians  in  the  company.  I  inquired  what  liad 
become  of  the  Indians,  and  was  informed  by  the  traders  and  Cresap 's 
party  that  they  had  fallen  overboard.  I  examined  the  canoe,  and  saw 
much  fresh  blood  and  some  bullet  holes  in  the  canoe.  This  fully  con- 
^■i^ced  me  that  the  party  had  killed  the  two  Indians,  and  throivn  them 
into  the  river. 

On  the  afternoon  of  the  day  this  action  happened,  a  report  prevailed 
3     that  there  was  a  camp,  or  party  of  Indians  on  the  Ohio  belo»r  and 

near  the  Wheeling.  In  consequence  of  this  information.  Captain 
Cresap  with  his  party,  joined  by  a  number  of  remits,  proceeded  imme- 
diately down  the  Ohio  for  the  purpose,  as  was  then  generally  uader- 


stood,  of  destroying  the  Indians  above  mentioned.      On  the  succeeding 
day.  Captain  Cresap  and  his  party  returned  to  Wheeling,  and  it  was 
generally  reported  by  the  party  that  they  had  killed  a  number  of 
Indians.     Of  the  truth  of  this  report  1  had  no  doubt,  as  one  of  Cresap 's 
party  was  badly  wounded,  and  the  party  had  a  fresh  scalp,  and  a 
quantity  of  property,  which  they  called  Indian  plunder.     At  the  time 
of  the  last -mentioned  transaction,  it  was  generally  reported  that  the 
party  of  Indians  down  the  Ohio  were  Logan  and  his  family;  but  I  have 
reason  to  believe  that  this  report  was  unfounded. 
Within  a  few  days  after  the  transaction  above  mentioned,  a  party 
of  Indians  were  killed  at  Yellow  Creek.      But  I  must  do  the  memory     3 
of  Captfun  Cresap  the  justice  to  say  that  I  do  not  believe  that  he 
was  present  at  the  killing  of  the  Indians  at  Yellow  Creek.     But  there 
is  not  the  least  doubt  in  my  mind,  that  the  massacre  at  Yellow  Creek 

_  was  brought  on  by  the  two  transactions  first  stated. 

W  All  the  transactions,  which  I  have  related  happened  in  the  latter  end 
frf  April  1774;  and  there  can  scarcely  be  a  doubt  that  they  were  the 
cause  of  the  war  which  immediately  followed,  commonly  called  Dun- 
more's  War. 

I  am  with  much  esteem,  yours.  &c, , 



:trtificaU  of  William  Huston  oj  Washington  county,  in  the  State  of 
Pennsylvania,  communicated  by  David  Riddtck,  Esquire,  Prolkonotary 
of  Washington  county,  Pennsylvania;  who  in  the  letter  enclosing  it  says 
William  Huston  is  a  man  of  established  reputation  in  point  of 

I  William  Huston  of  Washington  county,  in  the  State  of  Pennsyl- 
vania, do  hereby  certify  to  whom  it  may  concern,  that  in  the  year  1774, 
I  resided  at  Catiishes  camp,  on  the  main  path  from  Wheeling  to  Red- 
stone; that  Michael  Cresap.  who  resided  on  or  near  the  Potomac  river, 
on  his  way  up  from  the  river  Ohio,  at  the  head  of  a  party  of  armed  men, 
lay  some  time  at  my  cabin. 

I  had  previously  heard  the  report  of  Mr.  Cresap  having  killed  a 
some  Indians,  said  to  be  the  relations  of  "  Logan  "  an  Indian  Chief. 
In  a  variety  of  conversations  with  several  of  Cresap's  party,  they 
boasted  of  the  deed;  and  that  in  the  presence  of  their  chief.  They 
acknowledged  they  had  fired  first  on  the  Indians.  They  had  with 
them  one  man  on  a  Utter,  who  was  in  the  skirmish. 



Jefferson's  Works 

I  do  further  certify  that,  from  what  I  learned  from  the  party  them- 

selves,  I  then  formed  the  opinion,  and  have  not  had  any  reason  to 

change  the  opinion  since,  that  the  killing,  on  Ihe  part  o£  the  whites,  was 

what  I  deem  the  grossest  murder.     1  further  certify  that  some  of 

3     the  party,  who  afterwards  killed  some  women  and  other  Indians  at 

Baker's  bottom,  also  lay  at  my  cabin,  on  their  march  to  the  interior 

part  of  the  country;    they  had  with  them  a  little  girl,  whose  life  had 

-   been  spared  by  the  interference  of  some  more  humane  than  the  rest. 

If  necessary  I  will  make  affidavit  to  the  above  to  be  true.     Certified  at 

Washington,  this  i8th  day  of  April,  Anno  Domini.  1798. 


The  eeriificale  of  Jacob  Newland,  of  Shelby  County,  Kentucky,  evmitamf^ 
cated  by  Ike  Honorable  Judge  Inncs.  of  Kentucky. 

In  the  year  1774,  I  lived  on  the  waters  of  Short  Creek,  a  branch  of 
the  Ohio,  twelve  miles  above  Wheehng.  Some  time  in  June  or  in  July 
of  that  year.  Capt.  Michael  Cresap  raised  a  party  of  men.  and  came  out 
tinder  Col.  M'Daniel,  of  Hampshire  County,  Virginia,  who  commanded 
a  detachment  against  the  Wappotommaka  towns  on  the  Muskinghiim. 
1  met  with  Capt.  Cresap.  at  Redstone  fort,  and  entered  his  company. 
Being  very  well  acquainted  with  him,  we  conversed  freely;    and  he. 

among  other  conversations,  informed  me  several  limes  of  falling  in 
3     with  some  Indians  on  the  Ohio  some  distance  below  the  mouth  of 

Yellow  Creek,  andkilled  two  or  three  of  them;  and  that  this  murder 
3     was  before  that  of  the  Indians  by  Great-house  and  others,  at  Yellon 

Creek,     I  do  not  recollect  the  reason  which  Capt.  Cresap  assigned 

for  committing  the  act.  but  never  understood  that  the  Indians  gave 

any  offence.     Certified  under  my  hand  this  15th  day  of  November. 

1799,  being  an  inhabitant  of  Shelby  county,  and  State  of  Kentucky. 


The  Ceiiificate  of  John  Anderson,  a  merchant  in  Frtdericksburg.  Vir- 
ginia;  communicated  by  Mann  Page,  Esquire,  of  Mansfield,  near 
Fredericksburg,  uiko  in  Ihe  letter  accompanying  it.  says,  "Mr,  John 
Andtrson  has  for  many  years  past  been  settled  in  Fredericksburg,  in 
the  mercantile  line,  I  have  known  him  in  prosperous  and  advent 
situations.  He  lias  always  shown  thr  greatest  degree  ii/  Etfuantrntty, 
his  honesty  and  veracity  are  unimpeachable.  These  things  can  be 
attested  by  all  Ihe  respectable  part  of  the  town  and  neighborhood  of 
Fredericksbu  rg." 


Appendix  313 

Mr.  John  Anderson,  a  merchant  in  Fredericksburg,  says,  that  in  the 
year  1774,  being  a  trader  in  the  Indian  country,  he  was  at  Pittsburg, 
to  which  place  he  had  a  cargo  brought  up  the  river  in  a  boat  navigated 
by  a  Delaware  Indian  and  a  white  man.     That  on  their  return 
down  the  river,  with  a  cargo  belonging  to  Messrs.  Butler,  Michael      i 
Cresap  Heed  on  the  boat,  and  killed  the  Indian,  after  which  two 
men  of  the  name  of  Gatewood,  and  others  of  the  name  of  Tumble- 
stone.'  who  lived  on  the  opposite  side  of  the  river  from  the  Indians,     3 
with  whom  they  were  on  the  most  friendly  terras,  invited  a  party 
of  them  to  come  over  and  drink  with  him;  and  that,  when  the  Indiana 
were  drunk,  they  murdered  them  to  the  number  of  six,  among  whom 
was  Logan's  mother.     That  five  other  Indiana  uneasy  at  the  absence     4 
of  their  friends,  came  over  the  river  to  inquire  after  them;    when 
they  were  fired  upon,  and  two  were  killed,  and  the  others  wounded. 
This  was  the  origin  of  the  war. 

I  certify  the  above  to  be  true  to  the  best  of  my  recollection, 
L  Attest  David  Blub,  30th  June,  179S.         JOHN  ANDERSON. 

The  Deposition  of  yames  Chainbgrs,  comtnunicaltd  by  David  Riddieh, 
Esquire,  Prolhonolary  of  Washington  county.  Pennsylvania,  who,  in 
the  letter  enclosing  it,  shows  that  he  entertains  the  most  perfect  confidence 
in  the  truth  of  Mr.  Chambers. 

Washington  County,  ss. 
PersoDally  came  before  me  Samuel  Shannon,  Esquire,  one  of  the 
Commonwealth  Justices  for  the  County  of  Washington  in  the  State  of 
Pennsylvania,  James  Chambers,  who,  being  sworn  according  to  law, 
deposeth  and  saith  that  in  the  spring  of  the  year  1774.  he  resided  on 
the  frontier  near  Baker's  bottom  on  the  Ohio;  that  he  had  an  intimate 
companion,  with  whom  he  sometimes  lived,  named  Edward  King; 
that  a  report  reached  them  that  Michael  Cresap  had  killed  some  i 
Indians  near  Grave  Creek,  friends  to  an  Indian,  known  by  the  name  3 
of  "Logan;"  that  other  of  his  friends,  following  down  the  river, 
having  received  intelligence,  and  fearing  to  proceed,  lest  Cresap  might 
fall  in  with  them,  encamped  near  the  mouth  of  Yellow  Creek,  opposite 
Baker's  bottom;  that  Daniel  Great-house  had  determined  to  kill  them; 
bad  made  the  secret  known  to  the  deponent's  companion.  King;  that 
the  deponent  was  earnestly  solicited  to  be  of  the  party,  and.  as  an 
inducement,  was  told  that  they  would  get  a  great  deal  of  plunder;  and 

The  proper  prontinciation  of  Tomlinson,  which  was  the  real  n 

3^4  Jefferson's  Works 

further,  that  the  Indians  would  be  made  drunk  by  Baker,  and  thai 
little  danger  would  follow  the  expedition.  The  deponent  refused 
having  any  hand  in  killing  unoffending  people.  His  companion.  King, 
went  with  Great-house,  with  divers  others,  some  of  whom  had  been 
collected  at  a  considerable  distance  under  an  idea  that  Joshua  Baker's 
family  was  in  danger  from  the  Indians,  as  war  had  been  commenced 
between  Cresap  and  them  already;  that  Edward  King,  as  well  as  others 
of  the  party,  did  not  conceal  from  the  deponent  the  most  minute  cii' 
curastances  of  this  aSair;  they  informed  him  that  Great-house,  con- 
cealing his  people,  went  over  to  the  Indian  encampments  and  counted 
their  number,  and  found  that  they  were  too  large  a  party  to  attack 
with  his  strength;  that  he  then  requested  Joshua  Baker,  when  any 
of  them  came  to  his  house,  (which  they  had  been  in  the  habit  of.)  to 
give  them  what  rum  they  could  drink,  and  to  let  him  know  when  Ibey 
were  in  a  proper  train,  and  that  he  would  then  fall  on  them;  that 
accordingly  they  found  several  men  and  women  at  Baker's  house;  that 
one  of  these  women  had  cautioned  Great-house,  when  over  in  the 
Indian  camp,  that  he  had  better  return  home,  as  the  Indian  men  were 
drinking,  and  that  having  heard  of  Cresap's  attack  on  their  relations 
down  the  river,  they  were  angry,  and.  in  a  friendly  manner,  told  him 

to  go  home.  Great-house,  with  his  partly,  fell  on  them,  and  killed 
4     all  except  a  little  girl,  which  the  deponent  saw  with  the  party  after 

the  slaughter;  that  the  Indians  in  the  camp  hearing  the  firing. 
manned  two  canoes,  supposing  their  friends  at  Baker's  to  be  attacked, 
as  was  supposed:  the  party  under  Great-house  prevented  their  landing 
by  a  well-directed  fire,  which  did  execution  in  the  canoes;  that  Edward 
King  showed  the  depionent  one  of  the  scalps.  The  deponent  further 
saith,  that  the  settlements  near  the  river  broke  up.  and  he  the  depo- 
nent immediately  repaired  to  Catfish's  camp,  and  lived  some  time  with 
Mr.  William  Huston;    that  not  long  after  his  arrival,  Cresap,  with  his 

party,  returning  from  the  Ohio,  came  to  Mr.  Huston's  and  tarried 
a     some  time;    that  in  various  conversations  with  the  party,  and  in 

particular  with  a  Mr.  Smith,  who  had  one  arm  only,  he  was  told 
that  the  Indians  were  acknowledged  and  known  to  be  Logan's  friends 
which  they  had  killed,  and  that  he  heard  the  party  say.  that  Logan 
would  probably  avenge  their  deaths. 

They  acknowledged  that  the  Indians  passed  Cresap's  encampment 
on  the  bank  of  the  river  in  a  peaceable  manner,  and  encamped  below 
him:   that  they  went  down  and  fired  on  the  Indians  and  killed  several; 

that  the  survivors  flew  to  their  arms  and  fired  on  Cresap,  and 
3  wounded  one  man,  whom  the  deponent  saw  carried  on  a  Utter  by 
3     the  part)';  that  the  Indians  killed  by  Cresap  were  not  only  Logan's 


relations,  but  of  the  women  killed  at  Baker's  one  was  sakl  and  gen- 
erally believed  to  be  Logan's  sister.  The  deponent  further  saith,  that 
on  the  relation  of  the  attack  by  Cresap  on  the  unoffending  Indians,  he 
exclaimed  in  their  hearing,  that  it  was  an  atrocious  murder:  on  which 
[  Mr.  Smith  threatened  the  deponent  with  the  tomahawk;  so  that  he 
t  was  obliged  to  be  cautious,  fearing  an  injury,  as  the  party  appeared 
to  have  lost,  in  a  great  degree,  sentiments  of  humanity  as  well  as  the 
effects  of  civilization.  Sworn  and  subscribed  at  Washington,  the  aoth 
day  of  April,  Anno  Domini  1798. 

Before  Sauubl  Shannon.  JAMES  CHAMBERS. 

\  "Wasbington  Countt,  ss. 

I.  David  Reddick,  prothonotary  of  the  court  of  c 
iSbal.  for  the  county  of  Washington  in  the  State  of  Pennsylvania,  do 
certify  that  Samuel  Shannon,  Esq.,  before  whom  the  within 
affidavit  was  made,  was,  at  the  time  thereof,  and  still  is,  a  justice  of  the 
peace  in  and  for  the  county  of  Washington  aforesaid;  and  that  full 
credit  is  due  to  all  his  judicial  acts  as  such  as  well  in  courts  of  justice 
as  thereout. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  affixed  the 
seal  of  my  office  at  Washington,  the  »6th  day  of  April.  Anno  Dom.  1798. 

TA»  c^rtifeate  of  Charles  Polke,  of  Shelby  Coutity.  in  Kentucky,  c 

nicated  by  the  Hon.  Judge  Innes,  of  Kentucky,  who  in  the  letter  enclosing 
ii,  together  with  Newland's  certificate,  and  his  own  declaration  of  the 
informalion  given  him  by  Baker,  says,  "I  atn  well  acquainted  with  Johr. 
Newland,  ke  is  a  man  of  integrity.  Charles  Polke  and  Joshua  Baker 
both  sup  fort  respectable  characters. ' ' 

About  the  latter  end  of  April  or  beginning  of  May.  1774,  I  lived  on 
the  waters  of  Cross  creek,  about  sixteen  miles  from  Joshua  Baker,  who 
lived  on  the  Ohio,  opposite  the  mouth  of  Yellow  Creek.  A  number 
of  persons  collected  at  my  house,  and  proceeded  to  the  said  Baker's 
and  murdered  several  Indians,  among  whom  was  a  woman  said  to  ,; 
be  the  sister  of  the  Indian  chief,  Logan,  The  principal  leader  of 
the  party  was  Daniel  Great-house.     To  the  best  of  my  recollection  the 



Jefferson's  Works 

cause  which  gave  rise  to  the  murder  was  a  general  idea  that  the  Indiaiu 
were  meditating  an  attack  on  the  frontiers,     Capt.  Michael  Cresap  was 

not  of  the  party;   but  I  recollect  that  some  time  before  the  perpe- 
7     tration  of  the  above  fact  it  was  currently  reported  that  Capt.  Cresap 

had  murdered  some  Indians  on  the  Ohio,  one  or  two,  some  distance 
below  Wheeling. 

Certified  by  me.  an  inhabitant  of  Shelby  county  and  State  of  Ken- 
tucky, this  isth  day  of  November.  1795.  CHARLES  POLKE.        I 

The  Declaration  of  Ike  Hon.  Jwige  Innes,  0/  Frankfort,  in  Kentucky. 

On  the  14th  of  November,  1799.  I  accidentally  met  upon  the  road 

Joshua  Baker,  the  person  referred  to  in  the  certificate  signed  by 
3      Polke.  who  informed  me  that  the  murder  of  the  Indians  in  1774. 

opposite  the  mouth  of  Yellow  Creek,  was  perpetrated  at  his  house 
by  thirty-two  men,  led  on  by  Daniel  Great-house;  that  twelve  were 
killed  and  six  or  eight  wounded ;  among  the  slain  was  a  sister  and  other 
relations  of  the  Indian  chief.  Logan.     Baker  says.  Captain  Michael 

Cresap  was  not  of  the  party;  that  some  days  preceding  the  murder 
I     at  his  house  two  Indians  left  him  and  were  on  their  way  home;  that 

they  fell  in  with  Capt.  Cresap  and  a  party  of  land  improvers  on  the 
Ohio,  and  were  murdered,  if  not  by  Cresap  himself,  with  his  approha- 
tion;  he  being  the  leader  of  the  party,  and  that  he  had  this  information 
from  Cresap.  HARRY  INNES. 

The  Declaration  of  William  Robinson. 

William  Robinson,  of  Clarksburg,  in  the  county  of  Harrison,  and 
State  of  Virginia,  subscriber  to  these  presents,  declares  that  he  was,  in 
the  year  1774,  a  resident  on  the  west  fork  of  Monongahcla  river,  in  the 
county  then  called  West  Augusta,  and  being  in  his  field  on  the  nth  of 
July,  with  two  other  men.  they  were  surprised  by  a  party  of  eight 
Indians,  who  shot  down  one  of  the  others  and  made  himself  and  the 
remaining  one  prisoners;  this  subscriber's  wife  and  four  children  ha\*inE 
been  previously  conveyed  by  him  for  safety  to  a  fort  about  twenty-four 
miles  off;  that  the  principal  Indian  of  the  party  which  took  them  was 
Captain  Logan;  that  Logan  spoke  English  well,  and  very  soon  mani- 
fested a  friendly  disposition  to  this  subscriber,  and  told  him  to  be  of 
good  heart,  that  he  would  not  be  killed,  but  must  go  with  him  to  his 

■  Appendix  3^7 

town,  where  he  would  probably  be  adiiptcd  in  some  of  thdr  faini1ie!>; 
but  above  all  things,  that  he  must  not  attempt  to  run  away:  that  in 
the  course  of  the  journey  to  the  Indian  town  he  generally  endeavored 
to  keep  close  to  Logan,  who  had  a  great  deal  of  conversation  with  him, 
always  encouraging  him  to  be  cheerful  and  without  fear;  for  that  he 
would  not  be  killed,  but  should  become  one  of  them;  and  constantly 
impressing  on  him  not  to  attempt  to  run  away:  that  in  these  conversa- 
tions he  always  charged  Capt.  Michael  Cresap  with  the  murder  of  his 
family ;  that  on  his  arrival  in  the  town,  which  was  on  the  1 8th  of  July. 
he  was  tied  to  a  slake  and  a  great  debate  arose  whether  he  should  not 
be  burnt;  Logan  insisted  on  having  him  adopted,  while  others  con- 
tended to  bum  him;  that  at  length  Logan  prevailed,  tied  a  belt  of 
wampum  round  him  as  the  mark  of  adoption,  loosed  him  from  the  post 
and  carried  him  to  the  cabin  of  an  old  squaw,  where  Logan  pointed  out 
a  person  who  he  said  was  this  subscriber's  cousin;  and  he  afterwards 
understood  that  the  old  woman  was  his  aunt,  and  two  others  his 
brothers,  and  that  he  now  stood  in  the  place  of  a  warrior  of  the  family 
who  had  been  killed  at  Yellow  Creek;  that  about  three  days  after  this 
Logan  brought  him  a  piece  of  paper,  and  told  him  he  must  write  a 
letter  for  him,  which  he  meant  to  carry  and  leave  in  some  house  where 
he  should  kill  somebody;  that  he  made  ink  with  gun  powder,  and  the 
subscriber  proceeded  to  write  the  letter  by  his  direction,  addressing 

KOtptain  Michael  Cresap  in  it.  and  that  the  purport  of  it  was.  to  ask 
"why  he  had  killed  his  people?  That  some  time  before  they  had 
l^ed  his  people  at  some  place,  (the  name  of  which  the  subscriber 
forgets,)  which  he  had  forgiven ;  but  since  that  he  had  killed  his  people 
again  at  Yellow  Creek,  and  taken  his  cousin,  alittle  girl,  prisoner;  that 
therefore  he  must  war  against  the  whites;  but  that  he  would  exchange 
the  subscriber  for  his  cousin."  And  signed  it  with  Logan's  name, 
which  letter  Logan  took  and  set  out  again  to  war;  and  the  contents 
of  this  letter,  as  recited  by  the  subscriber,  calling  to  mind  that  stated 
by  Judge  Innea  to  have  been  left,  tied  to  a  war  club,  in  a  house  where 
a  family  was  murdered,  and  that  being  read  to  the  subscriber,  he  recog- 
niaes  it.  and  declares  he  verily  believes  it  to  have  been  the  identical 
letter  which  he  wrote,  and  supposes  he  was  mistaken  in  stating  as  he  has 
done  before  from  memory,  that  the  offer  of  exchange  was  proposed  in 
the  letter;  that  it  is  probable  that  it  was  only  promised  him  by  Logan, 
but  not  put  in  the  letter;  while  he  was  with  the  old  woman,  she  repeat- 
edly endeavored  to  make  him  sensible  that  she  had  been  of  the  party 
at  Yellow  Creek,  and,  by  signs,  showed  him  how  they  decoyed  her 
friends  over  the  river  to  drink,  and  when  they  were  reeling  and  tum- 
bling about,  tomahawked  them  all.  and  that  whenever  she  entered  on 


Jefferson's  Works 

this  subject  she  was  thrown  into  the  most  violent  agitfttions,  and  that 
he  afterwards  understood  that,  amongst  the  Indians  killed  at  Yellow 
Creek,  was  a  sister  of  Logan,  very  big  with  child,  whom  they  ripped 
open,  and  stuck  on  a  pole;  that  he  continued  with  the  Indians  till  the 
month  of  November,  when  he  was  released  in  consequence  of  the  peace 
madeby  them  with  Lord  Dunmore;  that,  while  he  remained  with  them, 
the  Indians  in  general  were  very  kind  to  him;  and  especially  those  who 
were  his  adopted  relations;  but  above  all,  the  old  woman  and  family 
in  which  he  lived,  who  served  him  with  everything  in  their  power,  and 
never  asked,  or  even  suffered  him  to  do  any  labor,  seeming  in  truth  to 
consider  andrespect  him  as  the  friend  they  had  lost.  All  which  several 
matters  and  things,  so  far  as  they  are  stated  to  be  of  his  own  knowledge. 
this  subscriber  solemnly  declares  to  be  true,  and  so  far  as  they  are  staled 
on  information  from  others,  he  believes  them  to  be  true.  Given  and 
declared  under  his  hand  at  Philadelphia,  this  sSth  day  of  February, 

The  deposition  of  Colonel  William  M'Kee.  of  Lincoln  County,  Kentucky, 
communicated  by  ikc  Hon.  John  Brown,  one  of  the  Senaiori  in  Congress 
from  Kentucky. 

Colonel  William  M'Kee  of  Lincoln  county,  declareth,  that  in  autumn, 
1774.  he  commanded  as  a  captain  in  the  Bottetourt  Regiment  under 
Colonel  Andrew  Lewis,  afterwards  General  Lewis;  and  fought  in  the 
battle  at  the  mouth  of  Kanhaway,  on  the  loth  of  October  in  that  year. 
That  after  the  battle.  Colonel  Lewis  marched  the  militia  across  the 
Ohio,  and  proceeded  towards  the  Shawnee  towns  on  Sciota;  but  before 
they  reached  the  towns.  Lord  Dunmore,  who  was  Commander-in-Chief 
of  the  army,  and  had,  with  a  large  part  thereof,  been  up  the  Ohio  about 
Hockhockin,  when  the  battle  was  fought,  overtook  the  militia,  and 
informed  them  of  his  having  since  the  battle  concluded  a  treaty  with 
the  Indians;  upon  which  the  whole  army  returned. 

And  the  said  William  declareth  that,  on  the  evening  of  that  day  00 
which  the  junction  of  the  troops  took  place,  he  was  in  company  with 
Lord  Dunmore  and  several  of  his  officers,  and  also  conversed  with 
several  who  had  been  with  Lord  Dunmore  at  the  treaty;  said  William, 
on  that  evening,  heard  repeated  conversations  concerning  an  extra- 
ordinary speech  at  the  treaty,  or  sent  there  by  a  chieftain  of  the  Indians 
named  Logan,  and  heard  several  attempts  at  a  rehearsal  of  it.  The 
speech  as  rehearsed  excited  the  particular  attention  of  said  Williani, 
and  the  most  striking  members  of  it  were  impressed  on  his  memory. 

Appendix  3^9 

And  he  declares  that  when  Thomas  Jefferson's  "  Notes  on  Virginia'* 
^were  published,  and  he  came  to  peruse  the  same,  he  was  struck  with 
"the  speech  of  Logan  as  there  set  forth,  as  being  substantially  the  same, 
and  accordant  with  the  speech  he  heard  rehearsed  in  the  camp  as  afore- 
said. Signed,  WILLIAM  M'KEE. 

Danville,  December  i8th,  1799. 
We  certify  that  Colonel  William  M'Kee  this  day  signed  the  original 
certificate,  of  which  the  foregoing  is  a  true  copy,  in  our  presence. 

JAMES  SPEED,  Junior. 
J.  H.  DEWEES. 

Th€  Certifkaie  of  tks  Honorable  Stevens  Thompson  Mason,  one  of  the 
Senators  in  Congress  from  the  State  of  Virginia. 

"Logan's  Speech,  delivered  at  the  Treaty,  after  the  battle  in  which 
Colonel  Lewis  was  killed  in  1774." 

[Here  follows  a  copy  of  the  speech  agreeing  verbatim  with  that 
printed  in  Dixon  and  Hunter's  A^rginia  Gazette  of  February  4,  1775, 
under  the  Williamsburg  head.     At  the  foot  is  this  certificate.] 

"The  foregoing  is  a  copy  taken  by  me,  when  a  boy,  at  school,  in  the 
year  1775,  or  at  farthest  in  1776,  and  lately  found  in  an  old  pocket^ 
book,  containing  papers  and  manuscripts  of  that  period. 

"January  aoth,  1798.  STEVENS  THOMPSON  MASON," 

A  copy  of  Logan*s  speech,  ghen  by  the  late  General  Mercer,  who  fell  in  the 
battle  of  Trenton^  Jamuny  ijy6,  to  Lewis  Willis,  Esquire,  of  Preder' 
icksburg,  in  Virginia,  upmfords  of  twenty  years  ago,  (from  ihe  date  of 
F^yruary  1798,)  communicated  through  Mann  Page,  Esquire. 

"The  qicech  of  hogam,  a  Shawanese  chief,  to  Lord  Uunmf/re/* 
[Here  follows  a  copy  of  the  speech,  stgrtttng  yet^rtittm  with  that  in 

the  Notes  on  Vxrgmia.] 

A  copy  o€  Logam's  speech  from  the  Notes  on  Virgxnta  having  1^*^ 

sent  to  Captain  Andrew  Rodgen,  ol  Kentucky,  he  subjoined  the  PAl^yw- 

In  the  year  1774  I  was  out  w:*>b  th*  Virj^r^U  V^/J«r»t>Mrf  ♦.  *nd  wa»  in 
tlie  battle  at  the  month  of  Canhaw««,  urA  taiXf^ft^'U  i^uf^^^^U^  '/'/«r 

Jefferson's  Works 

the  Ohio  to  the  Indian  towns.  I  did  not  hear  Logan  make  the  aho^ 
speech;  but  from  the  unanimous  accounts  of  those  in  camp,  I  hai 
reason  to  think  that  said  speech  was  delivered  to  Dunmore.  I 
ber  to  have  heard  the  very  things  contained  in  the  above 
related  by  some  of  our  people  in  camp  at  that  time. 


Tkt  declaration  of  Mr.  Jokrt  Heckewelder.  for  several  years 

from  the  society  of  Moravians,  among  the  tveslem  Indians. 

In  the  spring  of  the  year  1774.  at  a  time  when  the  interior  part  of 
the  Indian  country  all  seemed  peace  and  tranquil,  the  villagers  on  the 
M-Jsldngum  were  suddenly  alarmed  by  two  runners  (Indians),  who 
reported  "that  the  Big  Knife  (Virginians)  had  attacked  the  Mingo 
settlement,  on  the  Ohio,  and  butchered  even  the  women  with  their 
children  in  their  arms,  and  that  Logan's  family  were  among  the  slain." 
A  day  or  two  after  this  several  Mingoes  made  their  appearance;  amonf; 
whom  were  one  or  two  wounded,  who  had  in  this  manner  effected  their 
escape.  Exasperated  to  a  high  degree,  after  relating  the  particular 
of  this  transaction,  (which  for  humanity's  sake  I  forbear  to  mention,) 
after  resting  some  time  on  the  treachery  of  the  Big  Knives,  of  thdr 
barbarity  to  those  who  are  their  friends,  they  gave  a  figurative 
description  of  the  perpetrators;  named  Cresap  as  having  been  at  the 
head  of  this  murderous  act.  They  made  mention  of  nine  being  killed, 
and  two  wounded;  and  were  prone  to  take  revenge  on  any  person  of 
a  white  color;  for  which  reason  the  missionaries  had  to  shut  theia- 
selves  up  during  their  stay.  From  this  time  terror  daily  increased. 
The  exasperated  friends  and  relations  of  these  murdered  women  and 
children,  with  the  nations  to  whom  they  belonged,  passed  and  repassed 
through  the  villages  of  the  quiet  Delaware  towns,  in  search  of  white 
people,  making  use  of  the  most  abusive  language  to  these  (the  Dela- 
wares),  since  they  would  not  join  in  taking  revenge.  Traders  had 
either  to  hide  themselves,  or  try  to  get  out  of  the  country  the  best  way 
they  could.  And  even  at  this  time,  they  yet  found  such  true  frieoda 
among  the  Indians,  who.  at  the  risk  of  their  own  lives,  conducted  them, 
with  the  best  part  of  their  property,  to  Pittsburg;  although,  (shamehil 
to  relate!)  these  benefactors  were,  on  their  return  from  this  mission, 
waylaid,  and  iired  upon  by  whites,  while  crossing  Big  Bea%-er  in  a 
canoe,  and  had  one  man.  a  Shawanese.  named  Silverheels.  (a  man  <rf 
note  in  his  nation.)  wounded  in  the  body.     This  exasperated  the  Shaw> 


omuch,  that  they,  oral  least  a  great  par(  of  them,  immediately 

took  an  active  part  in  the  cause;   and  the  Mingoes,  (nearest  connected 

^''ith  the  former.)  became  unbounded  in  their  rage.     A  Mr.  Jones,  son 

to   a  respectable  family  of  this  neighborhood  (Bethlehem),  who  was 

t«en  on  his  passage  up  Muskinghum.  with  two  other  men,  was  fortu- 

*>a.tely  espied  by  a  friendly  Indian  woman,  at  the  falls  of  Muskinghum; 

w^lio  through  motives  of  humanity  alone,  informed  Jones  of  the  nature 

of  the  times,  and  thai  he  was  running  right  in  the  hands  of  the  enraged; 

and  put  him  on  the  way,  where  he  might  perhaps  escape  the  vengeance 

'^f  the  strolling  parties.     One  of  Jones's  men,  fatigued  by  travelling  in 

the  woods,  declared  he  would  rather  die  than  remain  longer  in  this 

si  tualion;   and  hitting  accidentally  on  a  path,  he  determined  to  follow 

tHe  same.      A  few  hundred  yards  decided  his  fate.      He  was  met  by  a 

pa.rty  of  about  fifteen  Mingoes.  (and  as  it  happened,  almost  WTthio 

si  ght  of  While  Eyes  town.)  murdered,  and  cut  lo  pieces;   and  his  limbs 

a.T»d  flesh  stuck  up  on  the  bushes.      White  Eyes,  on  hearing  the  scalp 

a^Uoo.  ran  immediately  out  with  his  men,  to  see  what  the  matter  was; 

*rid  finding  the  mangled  body  in  this  condition,  gathered  the  whole 

^rid  buried  it.      But  next  day  when  some  of  the  above  party  found  on 

tH«r  return  the  body  interred,  they  instantly  lore  up  the  ground,  and 

E^i^deavored  to  destroy  or  scatter  about,  the  parts  at  a  greater  distance. 

'V'hile  Eyes,  with  the  Delawarcs,  watching  Iheir  motions,  gathered  and 

"^terred  the  same  a  second  time.     The  war  party  finding  this  out,  ran 

'Uriouj^ly  into  the  Delaware  village,  exclaiming  against  the  conduct 

'^f  these  people,  setting  forth  the  cruelty  of  Cresap  towards  women  and 

c^Jlildren,  and  declaring  at  the  same  time,  that  they  would,  in  conse- 

■^tience  of  this  cruelty,  serve  every  white  man  they  should  meet  with 

"1   the  same  manner.     Times  grew  worse  and  worse,  war  parties  went 

'^*Ul  and  took  scalps  and  prisoners,  and  the  latter,  in  hopes  it  might  be 

'^''  .wrvice  in  saving  their  lives,  exclaimed  against  the  barbarous  act 

^^hich  gave  rise  to  these  troubles  and  against  the  perpetrators.     The 

^ame  of  Great-house  was  mentioned  as  having  been  accomplice  lo 

'-^'TJsap.      So  detestable  became  the  latter  name  among  the  Indians, 

'■"at  1  have  freijuently  heard  them  apply  it  to  the  worst  of  things; 

*lsoin  quieting  or  stilling  their  children.  I  have  heard  them  say,  hush! 

Cresap  will  fetch  you;    whereas  otherwise,  they  name  the  Owl.     The 

Warriors  having  afterwards  bent  their  course  more  toward  the  Ohio, 

snd  down  the  same,  peace  seemed  with  us  already  on  the  return;   and 

this  became  the  case  soon  after  the  decided  battle  fought  on  the  Kan- 

ksway.     Traders,  returning  now  into  the  Indian  country  again,  related 

the  ttory  of  the  above-mentioned  massacre,  alter  the  sawe  matter.  o«d 

Vilh  ike  same  words,  we  have  heard  it  related  hitherto.     So  the  report 

3a»  Jefferson's  Works 

remained,  and  was  believed  by  all  who  resided  in  the  Indian  country 
So  it  was  represented  numbers  of  times,  in  the  peaceable  Delaware 
towns,  by  the  enemy.  So  the  Christian  Indians  were  continually  told 
they  would  one  day  be  served.  With  this  impression,  a  petty  chid 
hurried  all  the  way  from  Wabash  in  1779.  to  take  his  relations  (who 
werehving  with  the  peaceable  Del  aw  ares  near  Coshachking)  outof  tbe 
reach  of  the  Big  Knives,  in  whose  friendship  he  never  more  would  plwe 
any  conlidence.  And  when  this  man  found  that  his  numerous  rdatioM 
would  not  break  friendship  with  the  Americans,  nor  be  removed,  be 
took  two  of  his  relations  (women)  off  by  force,  saying.  "The  wholecrop 
should  not  be  destroyed;  I  will  have  seed  out  of  it  for  a  new  crop:" 
alluding  to,  and  repeatedly  reminding  those  of  the  family  of  Login, 
who  he  said  had  been  real  friends  to  the  whites,  and  yet  were  cniell)' 
murdered  by  them. 

In  Detroit,  where  I  arrived  the  same  Spring,  the  report  respectin| 
the  murder  of  the  Indians  on  the  Ohio  (amongst  whom  was  Logsn'i 
family)  was  the  same  as  related  above;  and  on  my  return  to  the  UoiUd 
States  in  the  fall  of  1786,  and  from  that  time,  whenever  and  whereVtr 
in  my  presence,  this  subject  was  the  topic  of  conversation,  I  found  lb( 
report  still  the  same:  viz.  that  a  person,  bearing  the  name  of  Cres^, 
was  the  author,  or  perpetrator  of  this  deed. 

Logan  was  the  second  son  of  Shikellemus,  a  celebrated  chief  of  iht 
Cayuga  nation.  This  chief,  on  account  of  his  attachment  to  the  Eng- 
lish government,  was  of  great  service  to  the  country,  having  the  con- 
fidence of  all  the  Six  Nations,  as  well  as  that  of  the  English,  he  was  vfij 
useful  in  settUng  disputes,  &c.,  Sec,  He  was  highly  esteemed  by  Con- 
rad Wdsser,  Esq,,  (anofficer  for  government  in  fhe  Indian  department), 
with  whom  he  acted  conjunctly,  and  was  faithful  unto  his  death.  Hi* 
residence  was  at  Shamokin.  where  he  took  great  delight  in  acts  of  hi«- 
pitality  to  such  of  the  white  people  whose  business  led  them  that  wjy. 
His  name  and  fame  were  so  high  on  record,  that  Count  Zinzendorf. 
when  in  this  country  in  174a,  became  desirous  of  seeing  him.  W* 
actually  visited  him  at  his  house  in  Shamokin,'  About  the  year  i;;'i 
Logan  was  introduced  to  me  by  an  Indian  friend,  as  son  to  the  Itw 
reputable  chief  Shikellemus,  and  as  a  friend  to  the  while  people.  In 
the  course  of  conversation  I  thought  him  a  man  of  superior  lilciu 

'  The  preceding  account  of  Shikellemus,  (Logan's  father,)  is  copinl 
from  manuscripts  of  the  Rev.  C.  Pyrlceus,  written  between  the  ytin 
1741  and  1748. 

'  See  G.  H.  Hoskiel's  history  of  the  Mission  of  the  United  Brellil«. 
&c.     Part  II.  Chap.  11,  Page  31, 


than  Indians  gmierally  w«re.  The  subject  turning  on  vice  and  immo- 
rality, he  confessed  his  too  great  share  of  this,  especially  his  fondness 
for  liquor.  He  exclaimed  against  the  white  peopla  for  imposing  liquors 
upon  the  Indians;  he  otherwise  admired  their  ingenuity:  spoke  of 
gentlemen,  but  observed  the  Indians  unfortunately  had  but  tew  of 
these  as  their  neighbors,  &c.  He  spoke  of  his  friendship  to  the  white 
fjeople,  wished  always  to  be  a  neighbor  to  them,  intended  to  settle  on 
the  Ohio,  below  Big  Beaver;  was  (to  the  best  of  my  recollection)  then 
encamped  at  the  mouth  of  this  river,  (Beaver,)  urged  me  to  pay  him 
a  visit.  &c.  Note.  I  was  then  living  at  the  Moravian  town  on  this 
river,  in  the  neighborhoed  of  Cuskuskee,  In  April,  1773,  while  on  my 
passage  down  the  Ohio  for  Muskinghum.  I  called  at  Logan's  settle- 
ment; where  I  received  every  civility  I  could  expect  from  such  of  the 
family  as  were  at  home. 

Indian  reports  concerning  Logan,  after  the  death  of  his  family,  ran 
to  this:  that  he  exerted  himself  during  the  Shawanese  war.  (then  so 
called,)  to  take  all  the  revenge  he  could,  declaring  he  had  lost  all  con- 
fidence in  the  white  people.  At  the  time  of  negotiation,  he  declared 
his  reluctance  in  laying  down  the  hatchet,  not  having  (in  his  opinion) 
yet  taken  ample  satisfaction:  yet.  for  the  sake  of  the  nation,  he  would 
doit.  His  expressions,  from  time  to  time,  denoted  a  deep  melancholy. 
Life  (said  he)  had  become  a  torment  to  him;  he  knew  no  more  what 
pleasure  was:  he  thought  it  had  been  better  if  he  had  never  existed, 
&c..  &c.  Report  further  states,  that  he  became  in  some  measiu"e 
delirious,  declared  he  would  kill  himself,  went  to  Detroit,  drank  very 
freely,  and  did  not  seem  to  care  what  he  did,  and  what  became  of 
himself.  In  this  condition  he  left  Detroit,  and  on  his  way  between 
that  place  and  Miami  was  murdered.  In  October,  1781,  (while  as 
prisoner  on  my  way  to  Detroit,)  I  was  shown  the  spot  where  this  should 
have  happened.  Having  had  an  opportunity  since  last  June  of  seeing 
the  Rev.  David  Zeisberger.  senior,  missionary  to  the  Delaware  nation 
of  Indians,  who  had  resided  among  Che  same  on  Muskinghum,  at  the 
time  when  the  miu-der  was  committed  on  the  family  of  Logan,  I  put 
the  following  questions  to  him:  first,  who  he  had  understood  it  was 
that  had  committed  the  murder  on  Logan's  family?  and  secondly. 
whether  he  had  any  knowledge  of  a  speech  sent  to  Lord  Dtmmore  by 
Logan,  in  consequence  of  this  affair.  &c.  To  which  Mr.  Zeisberger's 
answer  was:  That  he  had,  from  that  lime  when  this  murder  was  com- 
mitted to  the  present  day,  firmly  believed  the  common  report  (which 
be  had  never  heard  contradicted)  viz.,  that  one  Cresap  was  the  author 
of  the  massacre;  or  that  it  was  committed  by  his  orders;  and  that  he 
bad  known  Logan  as  a  boy,  had  frequently  seen  him  from  that  time. 

Jefferson's  Works 

and  doubted  not  in  the  least,  that  Logan  had  sent  such  a  speech  to 
Lord  Dunmore  on  this  occasion,  as  he  understood  from  me  had  been 
published;  that  expressions  o!  that  kind  from  Indians  were  familisr 
to  hira;  that  Logan  in  particular  was  a  man  of  quick  comprehension, 
gcKid  judgment  and  talents,  Mr.  ZeJsberger  has  been  a  missionary 
upwards  of  fifty  years;  his  age  is  about  eighty:  speaks  both  the  lan- 
guage of  the  Onondagoes  and  the  Delawarcs,  resides  at  present  cm 
the  Muskinghum.  with  his  Indian  congregation;  and  is  beloved  and 
respected  by  all  who  are  acqtiainted  with  him. 


From  this  leslimoity  the  following  hisloricitl  statemenl  rfsuUt:   ^H 

In  April  or  May.  i  J74.  a  number  of  people  being  engaged  in  looking 
out  tor  settlements  on  the  Ohio,  information  was  spread  among  them, 
that  the  Indians  had  robbed  some  of  the  land-jobbers,  as  those  adven- 
turers were  called.  Alarmed  for  their  safety,  they  collected  together 
at  Wheeling  Creek.  'Hearing  there  that  there  were  two  Indians  and 
some  traders  a  little  above  Wheeling,  Captain  Michael  Cresap,  one  of 
the  party,  proposed  to  waylay  and  kill  them.  The  proposition,  thougb 
opposed,  was  adopted.  A  party  went  up  the  river,  with  Cresap  at  their 
head,  and  killed  the  two  Indians. 

'The  same  afternoon  it  was  reported  that  there  was  a  party  of 
Indians  on  the  Ohio,  a  little  below  Wheeling.  Cresap  and  his  party 
immediately  proceeded  down  the  river,  and  encamped  on  the  bank. 
The  Indians  passed  him  peaceably,  and  encamped  at  the  mouth  of 
Grave  Creek,  a  little  below.  Cresap  and  his  party  attacked  them,  and 
killed  several.  The  Indians  returned  the  fire,  and  wounded  one  ol 
Cresap's  party.  Among  the  slain  of  the  Indians  were  some  of  Logan'* 
family.  Colonel  Zane  indeed  expresses  a  doubt  of  it;  but  it  is  affirmed 
by  Huston  and  Chambers.  Smith,  one  of  the  murderers,  said  thcj 
were  known  and  acknowledged  to  be  Logan's  friends,  and  the  party 
themselves  generally  said  so;  boasted  of  it  in  presence  of  Cresap;  pre- 
tended no  provocation;  and  expressed  their  expectations  that  Logan 
would  probably  avenge  their  deaths. 

Pursuing  these  examples.     'Daniel  Great-house,  and  one  Tomlinsoo, 

*  First  murder  of  the  two  Indians  by  Cresap. 

'  Second  murder  on  Grave  Creek, 

'Massacre  at  Baker's  Bottom,  opposite  Yellow  Creek,  by  Great- 

Appendix  325 

who  lived  on  the  opposite  side  of  the  river  from  the  Indians,  and  were 
in  habits  of  friendship  with  them,  collected,  at  the  house  of  Polke,  on 
Cross  Creek,  about  i6  miles  from  Baker's  Bottom,  a  party  of  3a  men. 
Their  object  was  to  attack  a  hunting  encampment  of  Indians,  consist- 
ing of  men,  women,  and  children,  at  the  mouth  of  Yellow  Creek,  some 
distance  above  Wheeling.  They  proceeded,  and  when  arrived  near 
Baker's  Bottom,  they  concealed  themselves,  and  Great-house  crossed 
the  river  to  the  Indian  camp.  Being  among  them  as  a  friend,  he 
counted  them,  and  found  them  too  strong  for  an  open  attack  with  his 
force.  While  here,  he  was  cautioned  by  one  of  the  women  not  to  stay,  for 
that  the  Indian  men  were  drinking,  and  having  heard  of  Cresap's  murder 
of  their  relations  at  Grave  Creek,  were  angry,  and  she  pressed  him  in  a 
friendly  manner,  to  go  home;  whereupon,  after  inviting  them  to  come 
over  and  drink,  he  returned  to  Baker's,  which  was  a  tavern,  and  desired 
that  when  any  of  them  should  come  to  his  house  he  would  give  them 
as  much  rtmi  as  they  would  drink.  When  his  plot  was  ripe,  and  a 
sufficient  ntunber  of  them  were  collected  at  Baker's,  and  intoxicated, 
he  and  his  party  fell  on  them  and  massacred  the  whole,  except  a  little 
girl,  whom  they  preserved  as  a  prisoner.  Among  these  was  the  very 
woman  who  had  saved  his  life,  by  pressing  him  to  retire  from  the 
drunken  wrath  of  her  friends,  when  he  was  spying  their  camp  at  Yellow 
Creek.  Either  she  herself,  or  some  other  of  the  murdered  women,  was 
the  sister  of  Logan,  very  big  with  child,  and  inhumanly  and  indecently 
butchered;  and  there  were  others  of  his  relations  who  fell  here. 

The  party  on  the  other  side  of  the  river,'  alarmed  for  their  fricmds 
at  Baker's,  on  hearing  the  report  of  the  guns,  manned  two  canoes  and 
sent  them  over.  They  were  received,  as  they  approached  the  shore, 
by  a  well-directed  fire  from  Great-house's  party,  which  killed  some, 
wounded  others,  and  obliged  the  rest  to  put  back.  Baker  tells  us 
there  were  twelve  killed,  and  six  or  eight  wounded. 

This  commenced  the  war,  of  which  Logan's  war-club  and  note  left 
in  the  house  of  a  murdered  family,  was  the  notification.  In  the  course 
of  it,  during  the  ensuing  summer,  a  great  number  of  innocent  men, 
women,  and  children,  fell  victims  to  the  tomahawk  and  scalping  knife 
of  the  Indians,  till  it  was  arrested  in  the  autumn  following  by  the  battle 
at  Point  Pleasant,  and  the  pacification  with  I»rd  Ehinmore,  at  which 
the  speech  of  Logan  was  ddivered. 

Of  the  gentiiiieness  of  that  speech  nothing  need  be  said.  It  was 
known  to  the  camp  where  it  was  d<f:I;verc'd;  it  was  given  out  Yjy  Lr/rd 
Danmore  and  his  officers;   it  ran  through  the  yfafMc  papers  of  these 

^  Fourth  mttrder,  by  Great-house. 


Jefferson's  Works 

States;  was  rehearsed  as  an  exercise  at  schools;  pubtisbed  in  the 
papers  and  periodical  works  of  Europe;  and  all  this,  a  dozen  years 
before  it  was  copied  into  the  Notes  on  Virginia.  In  line.  General  Gibson 
concludes  the  question  for  ever,  by  declaring  that  he  received  it  from 
Logan's  band,  delivered  it  to  Lord  Dunmore,  translated  it  f«r  him.  and 
that  the  copy  in  the  Notes  on  Virginia  is  a  faithful  copy. 

The  popular  account  of  these  transactions,  as  stated  in  the  Notes  on 
Virginia,  appears,  on  collecting  exact  information,  imperfect  and 
erroneous  in  its  details.  It  was  the  belief  of  the  day;  but  how  far  its 
errors  were  to  the  prejudice  of  Cresap,  the  reader  will  now  judge.  That 
he,  and  those  under  him,  murdered  two  Indians  above  Wheeling;  that 
they  murdered  a  large  number  at  Grave  Creek,  among  whom  were  a 
part  of  the  family  and  relations  of  Logan,  cannot  be  questioned;  and 
as  little  that  this  led  to  the  massacre  of  the  rest  of  the  family  at  Yellow 
Creek,  Logan  imputed  the  whole  to  Cresap,  in  his  war-note  and  peace- 
speech:  the  Indians  generally  imputed  it  to  Cresap;  Lord  Dunmore 
and  his  officers  imputed  it  to  Cresap;  the  country,  with  one  accord, 
imputed  it  to  him:  and  whether  he  were  innocent,  let  the  univenal 
verdict  now  declare. 


Tke  dtclaratioH  of  yokn  Sapfitigton,  received  ajter  the  publication  of  the 
preceding  Appendix. 

I.  JOHN  SAPPINGTON.  declare  myself  to  be  intimately  acquainted 
with  all  the  circumstances  respecting  the  destruction  of  Logan's 
family,  and  do  give  in  the  following  narrative,  a  true  statement  of 
that  aflair; 

"  Logan's  family  (it  it  was  his  family)  was  not  killed  by  Cresap,  nor 
with  his  knowledge,  nor  by  his  consent,  but  by  the  Great-houses  and 
their  associates.  They  were  killed  30  miles  above  Wheeling,  near  the 
mouth  of  Yellow  Cre*k,  Logan's  camp  was  on  one  side  o£  the  river 
Ohio,  and  the  house,  where  the  murder  was  committed,  opposite  to  it 
on  the  other  side.  They  had  encamped  there  only  four  or  five  days, 
and  during  that  time  had  lived  peaceably  and  neighbourly  with  the 
whites  on  the  opposite  side,  until  the  very  day  the  affair  happened,  A 
little  before  the  period  alluded  to,  letters  had  been  received  by  the 
inhabitants  from  a  man  of  great  influence  in  that  country,  and  who 
was  then,  I  believe,  at  Captcener,  informing  them  that  war  was  at 
hand,  and  desiring  them  to  be  on  their  guard.  In  consequence  of  those 
letters  and  other  rumors  of  the  same  import,  almost  all  the  inhabitants 
fied  for  safety  into  the  settlements.  It  was  at  the  house  of  one  Baker 
Ihe  murder  was  committed.  Baker  was  a  man  who  sold  rum,  and  the 
Indians  had  made  frequent  visits  at  his  house,  induced,  probably,  by 
Iheir  fondness  for  that  liquor.  He  had  been  particularly  desired  by 
Cresap  to  remove  and  take  away  his  rum.  and  he  was  actually  prepar- 
ing to  move  at  the  time  of  the  murder.  The  evening  before,  a  squaw 
eame  over  to  Baker's  house,  and  by  her  crying  seemed  to  be  in  great 
distress.  The  cause  of  her  uneasiness  being  asked,  she  refused  to  tell; 
but  getting  Baker's  wife  alone,  she  told  her  that  the  Indians  were  going 
to  kill  her  and  all  her  family  the  next  day.  that  she  loved  her,  did  not 
wish  her  to  be  killed,  and  therefore  told  her  what  was  intended,  that  she 
inight  save  herself.  In  consequence  of  this  information,  Baker  got  a 
number  of  men,  to  the  amount  of  twenty-one,  to  come  to  his  house, 
and  they  wre  all  there  before  morning,  A  council  was  held,  and  it 
■was  det^  ..ned  that  the  men  should  lie  concealed  in  the  back  apart- 
ment; tJiatif  the  Indians  did  come,  and  behaved  themselves  peaceably, 
they  should  not  be  molested ;  but  if  not,  the  men  were  to  show  them- 
selves, and  act  accordingly.  Early  in  the  morning,  seven  Indians, 
(our  men  and  three  squaws,  came  over.  Logan's  brother  was  one  of 
them.  They  immediately  got  rum.  and  all,  except  Logan's  brother, 
b«came  very  much  intoxicated.     At  this  time  all  the  men  were  con- 

3^8  Jefferson's  Works 

cealed.  except  the  man  of  the  house,  Baker,  and  two  others  who  star'd 
out  with  him.  Those  Indians  came  unarmed.  After  some  lime 
Logan's  brother  took  down  a  coat  and  hat,  belonging  to  Baker's 
brother-in-law,  who  Hved  with  him,  and  put  them  on,  and  setting  his 
«rms  a-kimbo,  began  to  strut  about,  till  at  length  coming  up  to  one 
of  the  men,  he  attempted  to  strike  him,  saying,  "  White  man,  son  of  a 
bitch."  The  white  man,  whom  he  treated  thus,  kept  out  of  his  way 
for  some  time;  but  growing  irritated,  he  jumped  to  his  gun.  and  shot 
the  Indian  as  he  was  making  to  the  door  with  the  coat  and  hat  on  him. 
The  men  who  lay  concealed  then  rushed  out,  and  killed  the  whole  of 
them,  excepting  one  child,  which  I  believe  is  alive  yet.  But  before 
this  happened,  one  with  two,  the  other  with  five  Indians,  all  naked. 
painted,  and  armed  completely  for  war,  were  discovered  to  start  from 
the  shore  on  which  Logan's  camp  was.  Had  it  not  been  for  this  cir- 
cumstance, the  white  men  would  not  have  acted  as  they  did;  but  this 
confirmed  what  the  squaw  had  told  before.  The  white  men,  having 
killed,  as  aforesaid,  the  Indians  in  the  house,  ranged  themselves  along 
the  bank  of  the  river,  to  receive  the  canoes.  The  canoe  with  the  two 
Indians  came  near,  being  the  foremost.  Our  men  fired  upon  them 
and  killed  them  both.  The  other  canoe  then  went  back.  After  this, 
two  other  canoes  started,  the  one  containing  eleven,  the  other  seven, 
Indians,  painted  and  armed  as  the  first.  They  attempted  to  land 
below  our  men.  but  were  fired  upon;  had  one  killed,  and  relrealcd. 
at  the  same  time  firing  back.  To  the  best  of  my  recollection  there 
were  three  of  the  Great-houses  engaged  in  this  business.  This  is  a 
true  representation  of  the  affair  from  beginning  to  end.  1  was  inti- 
mately acquainted  with  Cresap,  and  know  he  had  no  hand  in  that. 
transaction.  He  told  me  himself  afterwards,  at  Redstone  Old  Fort, 
that  the  day  before  Logan's  people  were  killed,  he,  with  a  small  party, 
had  an  engagement  with  a  party  of  Indians  on  Captcener,  about  forty- 
four  miles  lower  down,  Logan's  people  were  killed  at  the  mouth  of 
Yellow  Creek,  on  the  14th  of  May,  1774;  and  the  33d.  the  day  before, 
Cresap  was  engaged  as  already  slated,  I  know,  likewise,  that  he  was 
generally  blamed  for  it,  and  believed  by  all  who  were  not  acquainted 
with  thedrcumstanccs  to  have  been  the  perpetrator  of  it.  I  know  that 
he  despised  and  hated  the  Great-houses  ever  afterwards  on  account 
of  it.  I  was  intimately  acquainted  with  General  Gibson,  and  served 
tmder  him  during  the  late  war.  and  I  have  a  discharge  from  him  now 
lying  in  the  land-office  at  Richmond,  to  which  I  refer  any  person  for 
my  character,  who  might  be  disposed  to  scruple  my  veracity.  I  was 
likewise  at  the  treaty  held  by  Lord  Dunmore  with  the  Indians,  at 
Chelicothc.     As  for  the  speech  said  to  have  been  dchvered  by  Logan 

ApjDfbndix  3^9 


on  that  occasion,  it  might  have  been,  or  might  not,  for  anything  I 
know,  as  I  never  heard  of  it  till  long  afterwards.  I  do  not  believe  that 
Logan  had  any  relations  killed,  except  his  brother.  Neither  of  the 
squaws  who  were  killed  was  his  wife.  Two  of  them  were  old  women, 
and  the  third,  with  her  child,  which  was  saved,  I  have  the  best  reason 
in  the  world  to  believe  was  the  vnte  and  child  of  General  Gibson.  I 
know  he  educated  the  child,  and  took  care  of  it,  as  if  it  had  been  his 
own.  Whether  Logan  had  a  wife  or  not,  I  can't  say ;  but  it  is  probable 
that  as  he  was  a  chief,  he  considered  them  all  as  his  people.  All  this  I 
am  ready  to  be  qualified  to  at  any  time. 

Attest,  Samuel  M'Kbb,  Jimr. 


Madison  County,  Feb.  13th,  1800. 

I  do  certify  further,  that  the  above-named  John  Sappington  told 
me,  at  the  same  time  and  place  at  which  he  gave  me  the  above  narra* 
tivc,  that  he  himself  was  the  man  who  shot  the  brother  of  Logan  in  the 
house,  as  above  related,  and  that  he  likewise  killed  one  of  the  Indians 
in  one  of  the  canoes,  which  came  over  from  the  opposite  shore. 

He  likewise  told  me,  that  Cresap  never  said  an  angry  word  to  him 
about  the  matter,  although  he  was  frequently  in  company  with  Cresap, 
and  indeed  had  been,  and  continued  to  be,  in  habits  of  intimacy  with 
that  gentleman,  and  was  always  befriended  by  him  on  every  occasion. 
He  further  told  me,  that  after  they  had  perpetrated  the  murder,  and 
were  flying  into  the  settlement,  he  met  with  Cresap  (if  I  recollect  right, 
at  Redstone  Old  Fort) ;  and  gave  him  a  scalp,  a  very  large  fine  one,  as 
he  expressed  it,  and  adorned  with  silver.  This  scalp,  I  think  he  told 
me,  was  the  scalp  of  Logan's  brother;  though  as  to  this  I  am  not  abso- 
lutely certain. 

Certified  by 

SAMUEL  M'KEE,  Junr. 




<:rnfjhA  ndoL 





Tes  Constituti<wi  of  the  United  States,  establishing  a  Legislature  for 
the  Union  under  certain  forms,  authorizes  each  branch  of  it  "  to  deter- 
mine the  niles  of  its  own  proceedings."  The  Senate  have  accordingly 
formed  some  rules  for  its  own  government:  but  those  going  only  to  few 
cases,  they  have  referred  to  the  decision  of  their  President,  without 
debate  and  without  appeal,  all  questions  of  order  arising  either  under 
their  own  rules,  or  where  they  have  provided  none.  This  places  under 
the  discretion  of  the  President  a  very  extensive  6dd  of  decision,  and 
one  which,  irregularly  exercised,  would  have  a  powerful  eftcct  on  the 
proceedings  and  determinations  of  the  House,  The  President  must 
feel,  wdghtily  and  seriously,  this  confidence  in  his  discretion:  and  the 
necessity  of  recurring,  for  its  government,  to  some  known  system  of 
rules,  that  he  may  neither  leave  himself  free  to  indulge  caprice  or  pas- 
sion, nor  open  to  the  imputation  of  them.  But  to  what  system  of 
rules  is  he  to  recur,  as  supplementary  to  those  of  the  Senate?  To  this 
there  can  be  hut  one  answer:  to  the  systems  of  regulations  adopted  by 
the  government  of  some  one  of  the  parliamentary  bodies  within 
these  States,  or  of  that  which  has  served  as  a  prototype  to  most  of 
them.  This  last  is  the  model  which  we  have  studied;  while  we  are 
little  acquainted  with  the  modifications  of  it  in  our  several  Stales.  It 
is  deposited,  too.  in  publications  possessed  by  many,  and  open  to  all. 
Its  rules  are  probably  as  wisely  constructed  for  governing  the  debates 
of  a  considerative  body,  and  obtaining  its  true  sense,  as  any  which  can 
become  known  to  us;  and  the  acquiescence  of  the  Senate  hitherto 
under  the  references  to  them,  has  given  them  the  sanction  of  their 

Considering,  therefore,  the  law  of  proceedings  in  the  Senate  as  com- 
posed of  the  precepts  of  the  Constitution,  the  regulations  of  the  Senate, 
and  where  these  are  silent,  of  the  rules  of  Parliament,  I  have  here  en- 
deavored to  collect  and  digest  so  much  of  these  as  is  called  for  in  ordi- 
nary practice,  collating  the  parliamentary  with  the  senatorial  rules, 
both  where  they  agree  and  where  they  vary.  1  have  done  this,  as  well 
to  have  them  at  hand  for  my  own  government,  as  to  deposit  with  the 
Senate  the  standard  by  which  I  judge  and  am  willing  to  be  judged. 
I  could  not  doubt  the  necessity  of  quoting  the  sources  of  my  intorma- 



tion;  among  which  Mr.  Hatsel's  moat  valuable  book  is 

but  as  he  haa  only  treated  some  general  beads.  [  have  been  obliged  to 
recur  to  other  authorities,  in  support  of  a  number  of  common  ru3es  of 
practice  to  which  his  plan  did  not  descend.  Sometimes  each  authority 
cited  supports  the  whole  passage.  Sometimes  it  rests  on  all  taken 
together.     Sometimes  the  authority  goes  only  to  a  part  of  the  text. 

the  residue rules  and  principles.      For  some 

of  the  most  1  authority  is  or  can  be  quoted: 

no  writer  t  cy  to  repeat  what  all  were  pre- 

stuned  to  k.  ese  must  rest  on  their  notoriety. 

I  am  aw  xa  be  produced  in  opposition  to 

the  rules  1  JBnlary,     An  attention  to  dates 

will  geticTt-  ?he  proceedings  of  Parliament  in 

ancient  tin  le  crude,  multitonn,  and  embar- 

rassing.    '  constantly  advancing  towards 

uniformit)  nr  obtained  a  degree  of  aptitude 

to  their  dt  O  be  desired  or  expected. 

Yet  I  an  rfbelieving.  that  I  may  not  have 

mistaken  tne  paruameiitary  pratvite  in  some  cases;   and  especially  in 

those  minor  forms,  which,  being  practised  daily,  are  supposed  known 
to  everybody,  and  therefore  have  not  been  committed  to  writing.  Our 
resources  in  this  quarter  of  the  globe,  for  obtaining  information  on  that 
part  of  the  subject,  are  not  perfect.  But  I  have  begun  a  sketch,  which 
those  who  come  after  me  will  successively  correct  and  (ill  up.  till  a  code 
of  rules  shall  be  formed  for  the  use  of  the  Senate,  the  effects  of  which 
may  be  accuracy  in  business,  economy  of  time,  order,  imiformity.  and 

The  rules  and  practices  peculiar  to  the  Senate  are  printed  in  small 
type.     Those  of  Parliament  are  in  large. 


a  manual  of  parliamentary 



Mr.  Onslow,  the  ablest  among  the  Speakers  of  the 
House  of  Commons,  used  to  say,  "  It  was  a  maxim 
he  had  often  heard  when  he  was  a  young  man, 
from  old  and  experienced  members,  that  nothing 
tended  more  to  throw  power  into  the  hands  of  admin- 
istration and  those  who  acted  with  the  majority  of 

(JVDCB  Wythe]  '  Pheladblphia,  February  28,  1800. 

Mv  Dbah  Sir: — I  know  how  precious  your  time  is,  and  how  exdu- 
Mvely  you  devote  it  to  the  duties  of  your  ofRce,  yet  I  venture  to  ask  a 
few  hours  or  minutes  of  it  on  motives  of  public  service,  as  well  as 
private  friendship.  I  will  explain  the  occasion  of  the  application. 
You  recollect  enough  of  the  old  Congress  to  remember  that  their  mode 
of  managing  the  business  of  the  House  was  not  only  unparliamentary, 
but  that  the  forms  were  so  awkward  and  inconvenient  that  it  was 
impossible  sometimes  to  get  at  the  true  sense  of  the  majority.  The 
House  of  Representatives  of  the  United  Slates  are  now  pretty  much 
in  the  same  situation.  In  the  Senate  it  is  in  our  power  to  get  into  a 
better  way;  our  ground  is  this:  The  Senate  have  estabhshed  a  few 
rules  for  their  government,  and  have  subjected  the  decisions  on  these 
and  on  all  other  potnti  of  order  without  debate,  and  without  appeal,  to 
the  judgment  of  their  President,  he.  for  his  own  sake,  as  well  as  theirs, 
must  prefer  recurring  to  some  system  of  rules  ready  formed ;  and  there 
can  be  no  question  that  the  Parliamentary  rules  are  the  best  known 


Jefferson's  Works 


the  House  of  Commons,  than  a  neglect  of,  or  depari 
ture  from,  the  rules  of  proceeding;  that  these  fon 

to  us  for  managing  the  debates,  and  obtaining  the  sense  of  a  deliber- 
ative body.  1  have  therefore  made  them  my  rule  of  decision,  rejecting 
those  of  the  old  Congress  altogether,  and  it  gives  entire  satisfaction  to 
the  Senate:  insomuch  that  we  shall  not  only  have  a  good  system  there, 
but  probably,  by  the  example  of  its  effects,  produce  a  conformity  in 
the  other  branch.  But  in  the  course  of  this  business  I  find  perjilex- 
ities,  having  for  twenty  years  been  out  of  dehberativc  bodies,  and 
become  rusty  as  to  many  points  of  proceeding;  and  so  little  has 
Parliamentary  branch  of  the  law  been  attended  to,  that  I  nt 
find  no  person  here,  but  not  even  a  book  to  aid  me.  I  had, 
early  period  of  life,  read  a  good  deal  on  the  subject,  and  common- 
placed what  I  read.  This  common-place  has  been  my  pillar;  but 
there  are  many  questions  of  practice  on  which  that  is  silent,  some  of 
them  are  so  minute  indeed,  and  belong  too  much  to  every-day's  prac- 
tice, that  they  have  never  been  thought  worthy  of  being  written  down, 
yet  from  desuetude  they  have  slipped  my  memory.  You  will  see  by 
the  enclosed  paper  what  they  are.  I  know  ivith  what  pain  you  'write; 
therefore  I  have  left  a  margin  in  which  you  can  write  a  simple  negatii 
oraifirmative  opposite  every  position,  or  perhaps,  with  as  little  troul " 
correct  the  text  by  striking  out  or  interlining.  This  is  what  I 
earnestly  to  solicit  from  you,  and  I  would  not  have  given  you 
trouble  it  I  had  had  any  other  resource.  But  you  are,  in  fact,  the  onljr' 
spark  of  Parliamentary  science  now  remaining  to  us.  1  ani  the  more 
anxious,  because  I  have  been  forming  a  manual  of  Parliamentary  law 
which  1  mean  to  deposit  with  the  Senate  as  the  standard  by  which  I, 
judge,  and  am  willing  to  be  judged.  Though  I  should  be  opposed 
its  being  printed,  yet  it  may  be  done  perhaps  without  my 
and  in  that  case  I  should  be  sorry  indeed  should  it  ^o  out  with  ei 
that  a  Tyro  should  not  have  committed.  And  yet  it  is  precisely  th( 
to  which  I  am  most  exposed.  I  am  less  afraid  as  to  important  matters. 
because  for  them  I  have  printed  authorities;  but  it  is  those  small 
matters  of  daily  practice,  which  twenty  years  ago  were  familiar  to  me. 
but  have  in  that  time  escaped  my  memory.  I  hope  under  these  cir- 
cumstances you  will  pardon  the  trouble  I  propose  to  you  in  the  enclosed 
paper.  I  am  not  pressed  in  time,  so  that  your  leisure  will  be  sufBcient 
for  me.  Accept  the  salutations  of  grateful  and  sincere  frienc 
and  attachment,  and  many  prayers  for  your 
from.  Dear  Sir,  Yours  affectionately. 

;  but 
tie  of 

ou  t^^l 

■hich  I^^ 


and  sincere  friendGhi^^^_ 
:  health  and  happiiiq|^^| 

Parliamentary  Manual  337 

as  instituted  by  our  ancestors,  operated  as  a  check, 
and  control,  on  the  actions  of  the  majority ;  and  that 
they  were,  in  many  instances,  a  shelter  and  protec- 
tion to  the  minority,  against  the  attempts  of  power.'* 

So  far  the  maxim  is  certainly  true,  and  is  foimded 
in  good  sense,  that  as  it  is  always  in  the  power  of  the 
majority,  by  their  nimibers,  to  stop  any  improper 
measures  proposed  on  the  part  of  their  opponents, 
the  only  weapons  by  which  the  minority  can  defend 
themselves  against  similar  attempts  from  those  in 
power,  are  the  forms  and  rules  of  proceeding,  which 
have  been  adopted  as  they  were  found  necessary 
from  time  to  time,  and  are  become  the  law  of  the 
house;  by  a  strict  adherence  to  which,  the  weaker 
party  can  only  be  protected  from  those  irregularities 
and  abuses  which  these  forms  were  intended  to  check, 
and  which  the  wantonness  of  power  is  but  too  often 
apt  to  suggest  to  large  and  successful  majorities. — 2 
Hats.  171,  172. 

And  whether  these  forms  be  in  all  cases  the  most 
rational  or  not,  is  really  not  of  so  great  importance. 
It  is  much  more  material  that  there  should  be  a  rule 
to  go  by,  than  what  that  rule  is ;  that  there  may  be  a 
imiformity  of  proceeding  in  business,  not  subject  to 
the  caprice  of  the  Speaker,  or  captiousness  of  the 
members.  It  is  very  material  that  order,  decency, 
and  regularity  be  preserved  in  a  dignified  public 
body. — 2  Hats.  149.  And  in  1698  the  Lords  say  the 
reasonableness  of  what  is  desired  is  never  considered 
by  us,  for  we  are  boimd  to  consider  nothing  but  what 

VOL.  II — 22 

338  Jefferson's  Works 

is  usual.  Matters  of  form  are  essential  to  govern- 
ment, and  'tis  of  consequence  to  be  in  the  right.  All 
the  reason  for  forms  is  custom,  and  the  law  of  forms 
is  practice;  the  reason  is  quite  out  of  doors.  Some 
particular  customs  may  not  be  groimded  on  reason, 
and  no  good  account  can  be  given  of  them ;  and  yet 
many  nations  are  zealous  for  them ;  and  Englishmen 
are  as  zealous  as  any  others  to  pursue  their  old  forms 
and  methods. — 4  Hats,  258. 



All  legislative  powers  herein  granted  shall  be  vested  in  a  Congress 
of  the  United  States,  which  shall  consist  of  a  Senate  and  House  of 
Representatives. — Constitution  of  the  United  StcUes,  Article  I.,  Sec- 
tion I. 

The  Senators  and  Representatives  shall  receive  a  compensation  for 
their  services,  to  be  ascertained  by  law,  and  paid  out  of  the  treasury 
of  the  United  States. — Const.  U.  5.,  Art.  I.  Sec.  6. 

For  the  powers  of  Congress,  see  the  following  Articles  and  Sections 
of  the  Constitution  of  the  United  States: — Art.  I.,  Sec.  4,  7,  8,  9.— 
Art.  II.,  Sec.  i,  2. — Art.  III.,  Sec.  3. — Art.  IV.,  Sec.  i,  3,  5. — And  all 
the  Amendments. 



The  privileges  of  the  members  of  Parliament, 
from  small  and  obscure  beginnings,  have  been  ad- 
vancing for  centuries,  with  a  firm  and  never-yielding 
pace.  Claims  seem  to  have  been  brought  forward 
from  time  to  time,  and  repeated  till  some  example 
of  their  admission  enabled  them  to  build  law  on  that 

Parliamentary  Manual  339 

example.  We  can  only,  therefore,  state  the  point 
of  progression  at  which  they  now  are.  It  is  now 
acknowledged,  ist.  That  they  are  at  all  times  ex- 
empted from  question  elsewhere,  for  anything  said 
in  their  own  house :  that  during  the  time  of  privilege, 
2d.  Neither  a  member  himself,  his  wife,*  or  his  ser- 
vants, Ifamiliares  sui\  for  any  matter  of  their  own, 
may  be'  arrested  on  mesne  process,  in  any  civil  suit : 
3d.  Nor  be  detained  under  execution,  though  levied 
before  the  time  of  privilege:  4th.  Nor  impleaded, 
cited  or  subpoenaed,  in  any  court:  sth.  Nor  sum- 
moned as  a  witness  or  juror:  6th.  Nor  may  their 
lands  or  goods  be  distrained :  7th.  Nor  their  persons 
assaulted,  or  characters  traduced.  And  the  period 
of  time,  covered  by  privilege,  before  and  after  the 
session,  with  the  practice  of  short  prorogations  under 
the  connivance  of  the  Crown,  amounts  in  fact  to  a 
perpetual  protection  against  the  course  of  justice. 
In  one  instance,  indeed,  it  has  been  relaxed  by  10  G. 
3,  c.  50,  which  permits  judiciary  proceedings  to  go 
on  against  them.  That  these  privileges  must  be 
continually  progressive,  seems  to  result  from  their 
rejecting  all  definition  of  them;  the  doctrine  being, 
that  "  their  dignity  and  independence  are  preserved 
by  keeping  their  privileges  indefinite ;"  and  that "  the 
maxims  upon  which  they  proceed,  together  with  the 
method  of  proceeding,  rest  entirely  in  their  own 
breast,  and  are  not  defined  and  ascertained  by  any 
particular  stated  laws." — i  Blackstone,  163,  164. 

*  Order  of  the  House  of  Commons,  1663,  July  16. 

•  Elsynge,  217;  i  Hats.  21;  i  Grey's  Deb.  133. 


Jefferson's  Works 

It  was  probably  from  this  view  of  the  encroaching  character  o{ 
prii'ilege,  that  the  framers  of  our  Constitution,  in  their  care  to  providt 
that  the  laws  shall  bind  equally  on  all,  and  especially  that  those  who 
make  them  shall  not  be  exempt  themselves  from  their  operation,  have 
only  privileged  "Senators  and  Representatives"  themselves  from  the 
single  act  of  arrest  in  all  cases  except  treason,  felony,  and  breach  of 
the  peace,  during  their  attendance  at  the  session  of  their  respective 
Houses,  and  in  going  to  and  reluming  from  the  same,  and  from  being 
questioned  in  any  other  place  for  any  speech  or  debate  in  either  House. 
— CoHsl.  U.  S.,  Art,  I.  Sec.  6.  Under  the  general  authority  "to  make 
all  laws  necessary  and  proper  for  carrying  into  execution  the  powers 
given  them,"  Const.  U.  S.,  Art.  II.,  Sec.  8,  they  may  provide  by  law 
the  details  which  may  be  necessary  for  giving  full  effect  to  the  enjoy- 
ment of  this  privilege.  No  such  law  being  as  yet  made,  it  seems  to 
stand  at  present  on  the  following  ground: — i.  The  act  of  arrest  is  void. 
ab  initio,  i  Stra.  989. — j.  The  member  arrested  may  be  discharged  on 
motion,  i  Bl.  166.  ».  Stra.  990;  or  by  Habeas  Corpus  under  the  Federal 
or  State  authority,  as  the  case  may  be;  or  by  a  writ  of  privilege  out  of 
the  Chancery.  1  Stra.  989,  in  those  States  which  have  adopted  that 
part  of  the  laws  of  England. — Orders  of  the  House  of  Com.  1 350,  Feb 
»o. — 3.  The  arrest  being  unlawful,  is  a  trespass  for  which  the  officer 
and  others  concerned  are  liable  to  action  or  indictment  in  the  ordinary 
courts  of  justice,  as  in  other  cases  of  unauthorized  arrest. — 4.  The 
court  before  which  the  process  is  returnable,  is  bound  to  act  as  in 
other  cases  of  unauthorized  proceeding,  and  liable  also,  as  in  other 
similar  cases,  to  have  their  proceedings  stayed  or  corrected  by  the 
Superior  Courla. 

The  time  necessary  for  going  to  and  returning  from  Congress  not 
being  defined,  it  will  of  course  be  judged  of  in  every  particular  case  bj 
those  who  will  have  to  decide  the  case. 

While  privilege  was  understood  in  England  to  ex- 
tend, as  it  does  here,  only  to  exemption  from  arrest 
eundo,  morayido,  et  redeundo,  the  House  of  Commons 
themselves  decided  that  "  a  convenient  time  was  to 
be  understood." — 1580 — i  Hats.  99,  100,  Nor  is  the 
law  so  strict  in  point  of  time  as  to  require  the  party 
to  set  out  immediately  on  his  return,  but  allows  him 
time  to  settle  his  private  affairs,  and  to  prepare  for 

Parliamentary  Manual  34i 

his  journey;  and  does  not  even  scan  his  road  very 
nicely,  nor  forfeit  his  protection  for  a  little  deviation 
from  that  which  is  most  direct ;  some  necessity  per- 
haps constraining  him  to  it. — 2  Stra.  986,  987. 

This  privilege  from  arrest,  privileges  of  course 
against  all  process,  the  disobedience  is  punishable  by 
an  attachment  of  the  person ;  as  a  subpcena  ad 
respondendum,  or  testificandum,  or  a  summons  on 
a  jury ;  and  with  reason,  because  a  member  has  supe- 
rior duties  to  perform  in  another  place. 

When  a  Representative  is  withdrawn  from  his  seat  by  summons, 
the  47,700  people  whom  he  represents  lose  their  voice  in  debate  and 
vote,  as  they  do  in  his  voluntary  absence:  when  a  Senator  is  with- 
drawn by  summons,  his  State  loses  half  its  voice  in  debate  and  vote, 
as  it  does  in  his  voluntary  absence.  The  enormous  disparity  of  evil 
admits  no  comparison. 

So  far  there  will  probably  be  no  difference  of  opinion  as  to  the  priv- 
ileges of  the  two  Houses  of  Congress;  but  in  the  following  cases  it  is 
otherwise.  In  Dec.  1795,  the  House  of  Representatives  committed 
two  persons  of  the  names  of  Randall  and  Whitney,  for  attempting  to 
corrupt  the  integrity  of  certain  members,  which  they  considered  as 
a  contempt  and  breach  of  the  privileges  of  the  House;  and  the  facts 
being  proved.  Whitney  was  detained  in  confinement  a  fortnight,  and 
Randall  three  weeks,  and  was  reprimanded  by  the  Speaker.  In 
March,  1756.  the  House  of  Representatives  voted  a  challenge  given 
to  a  member  of  their  House,  to  be  a  breach  of  the  privileges  of  the 
House;  the  satisfactory  apologies  and  acknowledgments  being  made, 
no  further  proceedings  were  had.  The  Editor  of  the  Aurora  having 
in  his  paper  of  Feb.  19.  1800,  inserted  some  paragraphs  defamatory 
to  the  Senate,  and  failed  in  his  appearance,  he  was  ordered  to  be 
committed.  In  debating  the  legality  of  this  order,  it  was  insisted 
in  support  of  it,  that  every  man,  by  the  law  of  nature,  and  every 
body  of  men,  possesses  the  right  of  self-defence;  that  all  public 
functionaries  are  essentially  invested  with  the  powers  of  self-pre- 
servation; that  they  have  an  inherent  right  to  do  all  acts  necessary 
to  keep  themselves  in  a  condition  to  discharge  the  trusts  confided 
to  them;  that  whenever  authorities  are  given,  the  means  of  carrying 

Jefferson's  Works 

them  into  execution  are  given  by  necessary  implication;  that  thus  we 
see  the  British  Parliament  exercise  the  right  of  punishing  contempts, 
all  the  State  Legislatures  exercise  the  same  power;  and  ev«ry 
Court  does  the  same;  that  if  we  have  it  not.  we  sit  st  the  mercy 
of  every  intruder  who  may  enter  our  doors  or  gallery,  and  by  noise  and 
tumult  render  proceeding  in  business  impracticable;  that  if  our  tran- 
quillity is  to  be  perpetually  disturbed  by  newspaper  defamation,  it 
will  not  be  possible  to  exercise  our  functions  with  the  requisite  coolness 
and  deliberation;  and  that  we  must  therefore  have  a  power  to  pun- 
ish these  disturbers  of  our  peace  and  proceedings.  To  this  it  was  an- 
swered, that  the  Parliament  and  Courts  of  England  have  cognisance  of 
contempts  by  the  express  provisions  of  their  law;  that  the  State  Legis- 
latures have  equal  authority,  because  their  powers  are  plenary;  they 
represent  their  constituents  completely,  and  possess  all  their  powers, 
except  such  as  their  Constitutions  have  expressly  denied  them;  that 
the  Courts  of  the  several  States  have  the  same  powers  by  the  laws  of 
their  States,  and  those  of  the  Federal  Government  by  the  some  State 
laws,  adopted  in  each  State  by  a  law  of  Congress;  that  none  of  these 
bodies,  therefore,  derive  those  powers  from  natural  or  necessary  right, 
but  from  express  law;  that  Congress  have  no  such  natural  or  necessary 
power,  nor  any  powers  but  such  as  are  given  them  by  the  Constitution; 
that  that  has  given  them  directly  exemption  from  personal  arrest, 
exemption  from  question  elsewhere  for  what  is  said  in  the  House,  and 
power  over  their  own  members  and  proceedings;  for  these,  no  further 
law  is  necessary,  the  Constitution  being  the  law;  that,  moreover,  by 
that  article  of  the  Constitution  which  authorizes  them  "to  make  all 
laws  necessary  and  proper  for  carrying  into  execution  the  powers 
vested  by  the  Constitution  in  them,"  they  may  provide  by  law  for  an 
undisturbed  exercise  of  their  functions,  e.  g.  for  the  punishment  of 
contempts,  of  affrays  or  tumults  in  their  presence,  &c.;  but,  till  the 
law  be  made,  it  does  not  exist;  and  does  not  exist,  from  their  own 
neglect;  that  in  the  meantime,  however,  they  are  not  unprotected, 
the  ordinary  magistrates  and  courts  of  law  being  open  and  competent 
to  punish  all  unjustifiable  disturbances  or  defamations,  and  even  thdr 
own  sergeant,  who  may  appoint  deputies  ad  libitum  to  aid  him,  3  Grey, 
59,  147,  355,  is  equal  to  the  smallest  disturbances;  that,  in  requiring 
a  previous  law,  the  Constitution  had  regard  to  the  inviolability  of  the 
citizen  as  well  as  of  the  member;  as,  should  one  House,  in  the  regular 
form  of  a  bill,  aim  at  too  broad  privileges,  it  may  be  checked  by  the 
other,  and  both  by  the  President;  and  also  as.  the  law  being  promul- 
gated, the  citizen  will  know  how  to  avoid  offence.  But  if  one  branch 
may  assume  its  own  privileges  without  control;  if  it  may  do  it  on  the 


Parliamentary  Manual  343 

spur  of  the  occasion,  conceal  the  law  in  its  own  breast,  and  after  the 
fact  committed  make  its  sentence  both  the  law  and  the  judgment  on 
that  fact;  il  the  offence  is  to  be  kept  undefined,  and  to  be  declared 
only  ex  re  nata,  and  according  to  the  passions  of  the  moment,  and  there 
be  no  limitation  either  in  the  manner  or  measiire  of  the  punishment 
the  condition  of  the  citizen  will  be  perilous  indeed.  Which  of  these 
doctrines  is  to  {Prevail,  time  will  decide.  Where  there  is  no  fixed  law, 
the  judgment  on  any  particular  case  is  the  law  of  that  single  case  only, 
and  dies  with  it.  When  a  new  and  even  a  similar  case  arises,  the 
judgment  which  is  to  make,  and  at  the  same  time  apply,  the  law,  is 
open  to  question  and  consideration,  as  are  all  new  laws.  Perhaps 
Congress,  in  the  meantime,  in  their  care  for  the  safety  of  the  citizens, 
as  well  as  that  for  their  own  protection,  may  declare  by  law  what  is 
necessary  and  proper  to  enable  them  to  carry  into  execution  the 
powers  vested  in  them,  and  thereby  hang  up  a  rule  for  the  inspection 
of  all,  which  may  direct  the  conduct  of  the  citizen,  and  at  the  same 
time  test  the  judgments  they  shall  themselves  pronounce  in  their 
own  case. 

Privilege  from  arrest  takes  place  by  force  of  the 
election;  and  before  a  return  be  made,  a  member 
elected  may  be  named  of  a  committee,  and  is  to 
every  intent  a  member,  except  that  he  cannot  vote 
until  he  is  sworn. — Memor.  107,  108. — D'Ewes,  642. 
col.  2.  653.  col.  I. — Pet.  Miscel.  Pari.  119;  Lex.  Pari. 
c.  23;   2  Hats.  22.  62. 

Every  man  must,  at  his  peril,  take  notice  who  are 
members  of  either  House  returned  of  record. — Lex. 
Pari.  23,  4 — Inst.  24. 

On  complaint  of  a  breach  of  privilege,  the  party 
may  either  be  summoned,  or  sent  for  in  custody  of 
the  sergeant. — i  Grey,  88,  95. 

The  privilege  of  a  member  is  the  privilege  of  the 
House.  If  the  member  waive  it  without  leave,  it  is 
a  ground  for  pimishing  him,  but  cannot  in  effect 
waive  the  privilege  of  the  House. — Grey,  140.  222. 

344  Jefferson's  Works 

For  any  speech  or  debate  in  either  House,  they 
shall  not  be  questioned  in  any  other  place. — Const. 
U.  S..  Art.  I.  Sec.  6.  5.  P.  protest  of  Commons  lo 
yames  I.  1621.  2  Rapin.  No.  54.  p.  211,  212.  But 
this  is  restrained  to  things  done  in  the  House  in  a 
Parliamentary  course,  1  Rush,  663. — For  he  is  not 
to  have  privilege  contra  morern  parliamentariiini,  to 
exceed  the  bounds  and  limits  of  his  place  and  duty. 
— Com.  p. 

If  an  offence  be  committed  by  a  member  in  the 
House,  of  which  the  House  has  cognizance,  it  is  an 
infringement  of  their  right  for  any  person  or  court 
to  take  notice  of  it,  till  the  House  has  punished  the 
offender,  or  referred  him  to  a  due  course. — Lex. 
Pari.  63. 

Privilege  is  in  the  power  of  the  Hoiise,  and  is  a 
restraint  to  the  proceeding  of  inferior  courts;  but 
not  of  the  House  itself. — 2  Nalson,  450;  2  Grey^  399. 
For  whatever  is  spoken  in  the  House,  is  subject  to 
the  censure  of  the  House;  and  offences  of  this  kind 
have  been  severely  punished,  by  calling  the  person 
to  the  bar  to  make  submission,  committing  him  to 
the  Tower,  expelling  the  House,  &c. — Scob.  72;  Lex. 
Pari.  c.  22. 

It  is  a  breach  of  order,  for  the  Speaker  to  refuse 
to  put  a  question  which  is  in  order. — Hats.  175,  176; 
5  Grey,  133. 

And  even  in  cases  of  treason,  felony,  and  breach 
of  the  peace,  to  which  privilege  does  not  extend  as 
to  substance ;  yet,  in  Parliament,  a  member  is  privi- 

Parliamentary  Manual  345 

leged  as  to  the  mode  of  proceeding.  The  case  is 
first  to  be  laid  before  the  House,  that  it  may  judge 
of  the  fact,  and  of  the  groimds  of  the  accusation, 
and  how  far  forth  the  manner  of  the  trial  may 
concern  their  privilege.  Otherwise  it  would  be  in 
the  power  of  other  branches  of  the  government,  and 
even  of  every  private  man,  under  pretences  of 
treason,  &c.,  to  take  any  man  from  his  service  in 
the  House;  and  so  as  many,  one  after  another,  as 
would  make  the  House  what  he  pleaseth. — Decision 
of  the  Commons  on  the  King's  declaring  Sir  John 
Hotham  a  traitor — 4  Riishw,  586.  So  when  a  member 
stood  indicted  of  felony,  it  was  adjudged  that  he 
ought  to  remain  of  the  House  till  conviction.  For 
it  may  be  any  man's  case,  who  is  guiltless,  to  be 
accused  and  indicted  of  felony,  or  the  like  crime. — 
23  EL  1580. — D'Ewes,  283,  col.  i. — Lex.  Pari.  133. 

When  it  is  foimd  necessary  for  the  public  service 
to  put  a  member  under  arrest,  or  when,  on  any 
public  inquiry,  matter  comes  out  which  may  lead  to 
affect  the  person  of  a  member,  it  is  the  practice 
immediately  to  acquaint  the  House,  that  they  may 
know  the  reasons  for  such  a  proceeding,  and  take 
such  steps  as  they  think  proper. — 2  Hats.  259.  Of 
which,  see  many  examples. — 2  Hats.  256,  257,  258. 
But  the  commimication  is  subsequent  to  the  arrest. 
— I  Blackst.  167. 

It  is  highly  expedient,  says  Hatsell,  for  the  due 
preservation  of  the  privileges  of  the  separate  branches 
of  the  Legislature,  that  neither  should  encroach  on 


Jefferson's  Works 

the  other,  or  interfere  in  any  matter  depending  before 
them,  so  as  to  precUide,  or  even  influence,  that 
freedom  of  debate,  which  is  essential  to  a  free  council. 
They  are,  therefore,  not  to  take  notice  of  any  bills 
or  other  matters  depending,  or  of  votes  that  have 
been  given,  or  of  speeches  that  have  been  held,  by 
the  members  of  either  of  the  other  branches  of  the 
Legislature,  until  the  same  have  been  communicated 
to  them  in  the  usual  Parliamentary  manner. — 2  Hats. 
252,  4  Inst,  15;  Seld.  Jiid.  63.  Thus  the  King's 
taking  notice  of  the  bill  for  suppressing  soldiers 
depending  before  the  House,  his  proposing  a  pro- 
visional clause  for  a  bill  before  it  was  presented  to 
him  by  the  two  Houses,  his  expressing  displeasure 
against  some  persons  for  matters  moved  in  Parlia- 
ment during  the  debate  and  preparation  of  a  bill 
were  breaches  of  privilege. — 2  Nalson,  743.  And  in 
1783,  December  17,  it  was  declared  a  breach  of 
fundamental  privileges,  &c.,  to  report  any  opinion  or 
pretended  opinion  of  the  King,  on  any  bill  or  pro- 
ceeding depending  in  either  House  of  Parliament. 
with  a  view  to  influence  the  votes  of  the  members.— 
2  Hats.  251,  6. 



The  times,  places,  and  manner  of  holding  elections  (or  Senators «nd 
Representatives,  shall  be  prescribed  in  each  State  by  the  Legislituft 
thereof:  but  the  Congress  may  at  any  time  by  law  make  or  alter  sticb 
regulations,  except  as  to  the  place  of  choosing  Senators. — Const.  V.  S. 
Art.  I.  Sec.  4. 

Parliamentary  Manual  347 

Each  Hotise  shall  be  the  judge  of  the  elections,  returns,  and  quali- 
fications of  its  own  members. — Const.  U.  5.  Art.  I.  Sec.  5. 



The  Senate  of  the  United  States  shall  be  composed 
of  two  Senators  from  each  State,  chosen  by  the  Legis- ' 
lature  thereof,  for  six  years ;  and  each  Senator  shall 
have  one  vote. 

Immediately  after  they  shall  be  assembled,  in  con- 
sequence of  the  first  election,  they  shall  be  divided 
as  eqtially  as  may  be  into  three  classes.  The  seats 
of  the  Senators  of  the  first  class  shall  be  vacated  at 
the  end  of  the  second  year;  of  the  second  class,  at 
the  expiration  of  the  fourth  year;  and  of  the  third 
class,  at  the  expiration  of  the  sixth  year;  so  that 
one-third  may  be  chosen  every  second  year;  and  if 
vacancies  happen,  by  resignation  or  otherwise, 
dtiring  the  recess  of  the  Legislature  of  any  State,  the 
Executive  thereof  may  make  temporary  appoint- 
ments, imtil  the  next  meeting  of  the  Legislature, 
which  shall  then  fill  such  vacancies. 

No  person  shall  be  a  Senator,  who  shall  not  have 
attained  to  the  age  of  thirty  years,  and  been  nine 
years  a  citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  State  for 
which  he  shall  be  chosen. — Const.  U.  5.,  Art.  I.  Sec.  3. 

The  House  of  Representatives  shall  be  composed 
of  members  chosen  every  second  year  by  the  people 
of  the  several  States ;  and  the  electors  in  each  State 

34S  Jefferson's  Works 

shall  have  the  qualifications  requisite  for  electors  oi 
the  most  numerous  branch  of  the  Stale  Legislature. 

No  person  shall  be  a  Representative  who  shall  not 
have  attained  to  the  age  of  twenty-five  years,  and 
been  seven  years  a  citizen  of  the  United  States,  and 
who  sha  be  an  inhabitant  of  that 

State  in  bosen. 

Repn  Ct  taxes  shall  be  appor- 

tioned States    which    may   be 

incKidea  Ki,    according    to    their 

respecti"  flhall  be  determined  by 

adding  1  r  of  free  persons,  includ- 

ing thof  for  a  term  of  years,  and 

excluding  .,  three-fifths  of  all  other 

persons.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  Congress 
of  the  United  States,  and  within  every  subsequent 
term  of  ten  years,  in  such  manner  as  they  shall  by 
law  direct.  The  number  of  Representatives  shall 
not  exceed  one  for  every  thirty  thousand ;  but  each 
State  shall  have  at  least  one  Representative. — Const. 
U.  S.  Art.  I.  Sec.  2. 

The  provisional  apportionments  of  Representatives  made  in  the 
Constitution  in  1787,  and  afterwards  by  Congress,  were  as  follows: — 

1787  1793            1801            1813 

New  Hampshire 3  4                5                6 

Massachusetts. 8  14               17               so 

Rhode  Island i  a                  a                   a 

Connecticut 5  7                   7                   7 

Vermont a                  6                  6 

New  York 6  10                17                 a; 

New  Jersey, 4  5                  6                  6 

Parliamentary  Manual  349 

1787       1793       1801       1813 

Pennsylvania, 8  13  18  23 

Delaware, i  i  i  2 

Maryland, 6  8  9  9 

Virginia, 10  19  22  23 

Kentucky, 2  3  10 

Tennessee,   . .  i  6 

North  Carolina 5  10  12  13 

South  Carolina, 5  6  8  9 

Georgia,   3  2  4  6 

Ohio, . .  . .  6 

When  vacancies  happen  in  the  representation  from  any  State,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies.— Cim5/.  U,  S.  Art.  I.  Sec.  2. 

No  Senator  or  Representative  shall,  during  the  time  for  which  he 
'was  elected,  be  appointed  to  any  civil  office  under  the  authority  of 
the  United  States,  which  shall  have  been  created,  or  the  emoltunents 
whereof  shall  have  been  increased  during  such  time;  and  no  person 
holding  any  office  under  the  United  States  shall  be  a  member  of  either 
house  during  his  continuance  in  office. — Const.  U.  S.  Art.  I.  Sec.  6. 



A  majority  of  each  House  shall  constitute  a  quorum  to  do  business; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  be 
authorized  to  compel  the  attendance  of  absent  members,  in  such 
manner,  and  under  such  penalties,  as  each  house  may  provide.^-Cofw/. 
U.  S,  Art.  I.  Sec.  5. 

In  general,  the  chair  is  not  to  be  taken  till  a 
quorttm  for  business  is  present;  unless,  after  due 
waiting,  such  a  quorum  be  despaired  of,  when  the 
chair  may  be  taken,  and  the  House  adjourned.  And 
whenever,  during  business,  it  is  observed  that  a 
quorum  is  not  present,  any  member  may  call  for 
the  House  to  be  coimted ;  and  being  found  deficient, 
business  is  suspended. — 2  Hats.  125,  126. 


The  Pti    i3ent  having  taken  the  chair,  and  a  t(uonun  being  p 
■the  journ      of  the  preceding  day  shall  be  read  to  the  end.  that  a 
mistake  m   y  be  corrected  that  shall  have  been  made  in  the  entries. 
Rules  of  a    SfnaUf.  i. 

fZT?r^Trf\]  VII. 

ich  person  rises  up  as  he 
;  absentees  are  then  only 
made  till  the  House  be 
2  absentees  are  called  a 
isent,  excuses  are  to  be 

S    HOUSE. 

On  a 
is  called 
fully  a 

They  ons  may  be  recognized; 

the  voice,  in  such  a  crowd,  being  an  inefficient  veri- 
fication of  their  presence.  But  in  so  small  a  body 
as  the  Senate  of  the  United  States,  the  trouble  of 
rising  cannot  be  necessary. 

Orders  for  calls  on  different  days  may  subsist  at 
the  same  time. — 2  Hats.  72. 



No  member  shall  absent  himself  from  the  service  of  the  Senate  with- 
out leave  of  the  Senate  first  obtained.  And  in  case  a  less  number  than 
a  quorum  of  the  Senate  shall  convene,  they  are  hereby  authorized  to 
send  the  sergeant-at-anns,  or  any  other  person  or  persons  by  them 
authorized,  for  any  or  all  absent  members,  as  the  majority  of  such 
members  present  shall  agree,  et  the  expense  of  such  absent  members 
respectively,  unless  such  excuse  for  non-attendance  shall  be  made,  as 
the  Senate,  when  a  quorum  is  convened,  shall  judge  sufficient,  and  in 
that  case  the  expense  shall  be  paid  out  of  the  contingent  fund.  And 
liiis  rule  shall  apply  as  well  to  the  lirsl  con^'ention  of  the  Senate,  at  the 

Parliamentary  Manual  35  ^ 

l«gal  time  of  meeting,  as  to  each  day  of  the  session,  after  the  hour  is 
^UTived  to  which  the  Senate  stood  adjourned. — Rule  19. 



The  Vice-President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote  unless  they  be  equally  divided. — Const. 
U.  S.  Art.  I.  Sec.  3. 

The  Senate  shall  choose  their  other  officers,  and  also  a  President 
pro  tempore  in  the  absence  of  the  Vice-President,  or  when  he  shall 
exercise  the  office  of  President  of  the  United  States. — Const,  U.  S.  Art. 
I.  Sec.  3. 

The  House  of  Representatives  shall  choose  their  Speaker  and  other 
officers. — Const.  U.  S.  Art.  I.  Sec.  3. 

When  but  one  person  is  proposed,  and  no  objection 
made,  it  has  not  been  usual  in  Parliament  to  put 
any  question  to  the  House;  but  without  a  question, 
the  members  proposing  him,  conduct  him  to  the 
chair.  But  if  there  be  objection,  or  another  pro- 
posed, a  question  is  put  by  the  clerk. — 2  Hats.  168. 
As  are  also  questions  of  adjournment. — 6  Grey,  406. 
Where  the  House  debated  and  exchanged  messages 
and  answers  with  the  King  for  a  week,  without  a 
Speaker,  till  they  were  prorogued.  They  have  done 
it  de  die  in  diem  for  14  days. — i  Chand.  331,  335. 

In  the  Senate,  a  President  pro  tempore,  in  the  absence  of  the  Vice- 
President,  is  proposed  and  chosen  by  ballot.  His  office  is  understood 
to  be  determined  on  the  Vice-President's  appearing  and  taking  the 
chair,  or  at  the  meeting  of  the  Senate  after  the  first  recess. — Vide 
Rule  23. 

Where  the  Speaker  has  been  ill,  other  Speakers 
pro  tempore  have  been  appointed.     Instances  of  this 

}S'  Jefferson's  Works 


are,  i  H.  4,  Sir  John  Cheney,  and  for  Sir  William 
Sturton,  and  in  15  H.  6,  Sir  John  Tyrrell,  in  1656, 
Jan.  27;   1658,  Mar.  9;   1659,  Jan.  13. 
Sir  Job  Charlton  ill,  Seymour  chosen,  ] 

1673,  Feb.  18.  Notmerely 

Seymour  being  ill,  Sir  Robert  Sawyer  [  ^*^ 
chosen,  1678,  April  15.  i6g,  *74 

Sawyer  being  ill,  Seymour  chosen. 

Thorpe  in  execution,  a  new  Speaker  chosen — 31 
H.  VI. — 3  Grey,  n;  and  March  14,  1694,  Sir  John 
Trevor  chosen.  There  have  been  no  later  instances. 
— 2  Hats.  161. — 4  Inst. — 8  Lex.  Pari.  263. 

A  Speaker  may  be  removed  at  the  will  of  the 
House,  and   a  Speaker  pro   tempore  appointed. 
2  Grey,  186;  5  Grey,  134. 






The  President  shall,  from  time  to  time,  give  to  the  Congress  iofor- 

mation  of  the  state  of  the  Union,  and  recommend  to  iheir  coasider~ 
ation  such  measures  as  he  shall  judge  necessary  and  expedient. — Court. 
U.  S.  Art.  II.  Sec.  3. 

A  joint  address  from  both  Houses  of  Parliament 
read  by  the  Speaker  of  the  House  of  Lords.  It  r 
be  attended  by  both  Houses  in  a  body,  or  by  a  com- 
mittee from  each  House,  or  by  the  two  Speakers 
only.  An  address  of  the  House  of  Commons  only 
may  be  presented  by  the  whole  House,  or  by  the 
Speaker, — 9  Grey,  473;  i  Cliandler,  298,  301;  or  1 
such  particular  members  as  are  of  the  Privy  ( 
— 2  Hats.  278. 

Parliamentary  Manual  353 



Standing  conMnittees,  as  of  privileges  and  elec- 
ticns,  &c.,  are  usiially  appointed  at  the  first  meeting, 
to  continue  through  the  session.  The  person  first 
J^amed  is  generally  permitted  to  act  as  chairman, 
^ut  this  is  a  matter  of  courtesy;  every  committee 
tiaving  a  right  to  elect  their  own  chairman,  who 
p>Tesides  over  them,  puts  questions,  and  reports  their 
E>Toceedings  to  the  House. — 4  Inst.  11,  12;  Scob.  7; 
x:  Grey,  112. 

At  these  committees  the  members  are  to  speak 
standing,  and  hot  sitting,  though  there  is  reason  to 
Conjecture  it  was  formerly  otherwise. — D'Ewes,  630, 
^€)l.  i;  4  Pari.  Hist.  440;  2  Hats.  77. 

Their  proceedings  are  not  to  be  published,  as  they 
^jc  of  no  force  till  confirmed  by  the  House. — Rushw. 
t>art  3,  vol.  2,  74;  3  Grey,  401;  Scoh.  39.  Nor  can 
tJiey  receive  a  petition  but  through  the  House. — 9 
Grey,  412. 

When  a  committee  is  charged  with  an  inquiry,  if 
a  member  prove  to  be  involved,  they  cannot  pro- 
ceed against  him,  but  must  make  a  special  report  to 
the  House;  whereupon  the  member  is  heard  in  his 
place,  or  at  the  bar,  or  a  special  authority  is  given 
to  the  committee  to  inqtiire  concerning  him. — 9  Grey, 

So  soon  as  the  House  sits,  and  a  committee  is 

notified  of  it,  the  chairman  is  in  duty  bound  to  rise 

VOL.  II — 23 


Jefferson's  Works 

instantly,  and  the  members  to  attend  the  service  of 
the  House. — 2  Nals.  19. 

It  appears,  that  on  joint  committee  of  the  Lords 
and  Commons,  each  committee  acted  integrally  in 
the  following  instances: — 7  Grey,  261,  278.  286,  33B; 
I  Chandler,  357,  462.  In  the  following  instances  it 
does  not  appear  whether  they  did  or  not: — 6  Grey, 
129;  7  Grey,  213,  229,  321. 




The  speech,  messages,  and  other  matters 
concernment,  are  usually  referred  to  a  committee  of 
the  whole  House— 6  Grey,  311,  where  general  prin- 
ciples are  digested  in  the  form  of  resolutions,  which 
are  debated  and  amended  till  they  get  into  a  shape 
which  meets  the  approbation  of  a  majority.  These 
being  reported  and  confirmed  by  the  House,  are  then 
referred  to  one  or  more  select  committees,  accordii^ 
as  the  subject  divides  itself  into  one  or  more  bills.— 
Scab.  36,  44.  Propositions  for  any  charge  on  the 
people  are  especially  to  be  first  made  in  a  committee 
of  the  whole. — 3  Hats.  127.  The  sense  of  the  whole 
is  better  taken  in  committee,  because  in  all  com- 
mittees every  one  speaks  as  often  as  he  pleases.— 
Scob.  49.  They  generally  acquiesce  in  the  ch^rman 
named  by  the  Speaker;  but,  as  well  as  all  other 
committees,  have  a  right  to  elect  one,  some  member, 
by  consent,  putting  the  question. — Scob.  36;  3  Grey, 

Parliamentary  Manual  355 

301.  The  form  of  going  from  the  House  into  com- 
mittee, is  for  the  Speaker,  on  motion,  to  put  the 
question  that  the  House  do  now  resolve  itself  into  a 
committee  of  the  whole,  to  take  under  consideration 
such  a  matter,  naming  it.  If  determined  in  the 
affirmative,  he  leaves  the  chair,  and  takes  a  seat 
elsewhere,  as  any  other  member;  and  the  person 
appointed  chairman  seats  himself  at  the  clerk's 
table. — Scob.  36.  Their  quorum  is  the  same  as  that 
of  the  House ;  and  if  a  defect  happens,  the  chairman, 
on  a  motion  and  question,  rises,  the  Speaker  resumes 
the  chair,  and  the  chairman  can  make  no  other 
report  than  to  inform  the  House  of  the  cause  of  their 
dissolution.  If  a  message  is  announced  during  a 
committee,  the  Speaker  takes  the  chair,  and  receives 
it,  because  the  committee  cannot. — 2  HatSj  125, 126. 
In  a  conmiittee  of  the  whole,  the  tellers,  on  a 
division,  differing  as  to  numbers,  great  heats  and 
confusion  arose,  and  dangers  of  a  decision  by  the 
sword.  The  Speaker  took  the  chair,  the  mace  was 
forcibly  laid  on  the  table;  whereupon,  the  members 
retiring  to  their  places,  the  Speaker  told  the  House 
"  he  had  taken  the  chair  without  an  order,  to  bring 
the  House  into  order."  Some  excepted  against  it; 
but  it  was  generally  approved  as  the  only  expedient 
to  suppress  the  disorder.  And  every  member  was 
required,  standing  up  in  his  place,  to  engage  that  he 
would  proceed  no  further,  in  consequence  of  what 
had  happened  in  the  grand  committee,  which  was 
done. — 3  Grey,  139. 


Jefferson's  Works 


A  committee  of  the  whole  being  broken  up  in 
disorder,  and  the  chair  resumed  by  the  Speaker 
without  an  order,  the  House  was  adjoiuned.  The 
next  day  the  committee  was  considered  as  thereby 
dissolved,  and  the  subject  again  before  the  House; 
and  it  was  decided  in  the  House,  without  returning 
into  committee. ~3  Grey,  130, 

No  previous  question  can  be  put  in  a  conimittee; 
nor  can  this  committee  adjourn  as  others  may;  but 
if  their  business  is  unfinished,  they  rise  on  a  question, 
the  House  is  resumed,  and  the  chairman  reports  that 
the  committee  of  the  whole  have,  according  to  order, 
had  under  their  consideration  such  a  matter,  and 
have  made  progress  therein ;  but  not  having  time  to 
go  through  the  same,  have  directed  him  to  ask  leave 
to  sit  again.  Whereupon,  a  question  is  put  on  their 
having  leave,  and  on  the  time  when  the  House  will 
again  resolve  itself  into  a  committee.- — Scoh.  38. 
But  if  they  have  gone  through  the  matter  referred 
to  them,  a  member  moves  that  the  committee  may 
rise,  and  the  chairman  repwrt  their  proceedings  to 
the  House;  which  being  resolved,  the  chairman 
rises,  the  Speaker  resumes  the  chair,  the  chairman 
informs  him  that  the  committee  have  gone  through 
the  business  referred  to  them,  and  that  he  is  ready 
to  make  report  when  the  House  shall  think  proper 
to  receive  it.  If  the  House  have  time  to  receive  it, 
there  is  usually  a  cry  of  "  Now,  Now,"  whereupon  he 
makes  the  report;  but  if  it  be  late,  the  cry  14 
"To-morrow,  To-morrow,"  or,  "On  Monday,"  etc.. 

Parliamentary  Manual  357 

or  a  motion  is  made  to  that  effect,  and  a  question 
put,  that  it  be  received  to-morrow,  etc. — Scob.  38. 

In  other  things  the  rules  of  proceedings  are  to  be 
the  same  as  in  the  House. — Scob.  39. 




Common  fame  is  a  good  ground  for  the  House  to 
proceed  by  inquiry,  and  even  to  accusation. — Reso- 
lution of  the  House  of  Commons,  1  Car.  i,  1625 ;  Rush. 
Lex.  Pari.  115;    i  Grey,  16.  22.  92;   8  Grey,  21.  23. 

^7-  45. 

Witnesses  are  not  to  be  produced  but  where  the 

House  has  previously  instituted  an  inquiry,  2  Hats. 
102,  nor  then  are  orders  for  their  attendance  given 
blank. — 3  Grey,  51.  The  process  is  a  stimmons  from 
the  House. — 4  Hats.  255.  258. 

When  any  person  is  examined  before  a  committee, 
or  at  the  bar  of  the  House,  any  member  wishing  to 
ask  the  person  a  question,  must  address  it  to  the 
Speaker  or  chairman,  who  repeats  the  question  to 
the  person,  or  says  to  him,  '*  You  hear  the  question, 
answer  it."  But  if  the  propriety  of  the  question  be 
objected  to,  the  Speaker  directs  the  witness,  counsel, 
and  parties  to  withdraw;  for  no  question  can  be 
moved,  or  put,  or  debated,  while  they  are  there. — 2 
Hats.  108.  Sometimes  the  questions  are  previously 
settled  in  writing  before  the  witness  enters. — 2  Hats. 
106,  107;  8  Grey,  64.     The  questions  asked  must  be 


Jefferson's  Works 

entered  in  the  journals. — 3  Grey,  81.     But  the 
mony  given  in  answer  before  the  House  is  nev< 
written  down;   but  before  a  committee  it  must  be 
for  the  information  of  the  House,  who  are  not  present 
to  hear  it. — 7  Grey,  52,  334. 

If  either  House  have  occasion  for  the  presence 
a  person  in  custody  of  the  other,  they  ask  the  01 
their  leave  that  he  may  be  brought  up  to  them 
custody. — 3  Hats.  52. 

A  member,  in  his  place,  gives  information  to 
House  of  what  he  knows  of  any  matter  under  hi 
at  the  bar. — Jour.  H.  of  C,  Jan.  22,  1744,  5. 

Either  House  may  request,  but  not  command,  the 
attendance  of  a  member  of  the  other.  They  are  to 
make  the  request  by  message  to  the  other  House, 
and  to  express  clearly  the  purpose  of  attendance, 
that  no  improper  subject  of  examination  may  be 
tendered  to  him.  The  House  then  gives  leave  to  the 
member  to  attend,  if  he  choose  it;  waiting  first  to 
know  from  the  member  himself  whether  he  chooses 
to  attend,  till  which  they  do  not  take  the  message 
into  consideration.  But  when  the  Peers  are  sitting 
as  a  court  of  Criminal  Judicature,  they  may  order 
attendance;  unless  where  it  be  a  case  of  impeach- 
ment by  the  Commons.  There  it  is  to  be  a  request. — 
3  Hats.  17;  9  Grey,  306.  406;   10  Grey,  133. 

Counsel  are  to  be  heard  only  on  private,  not 
public  bills;  and  on  such  points  of  law  only  as 
House  shall  direct. — 19  Grey,  61. 

Parliamentary  Manual  359 



The  Speaker  is  not  precisely  bound  to  any  rules 
as  to  what  bills  or  other  matter  shall  be  first  taken 
up,  but  is  left  to  his  own  discretion,  unless  the  House 
on  a  question  decide  to  take  up  a  particular  subject. 
— Hakew.  136. 

A  settled  order  of  btisiness  is,  however,  necessary 
for  the  government  of  the  presiding  person,  and  to 
restrain  individual  members  from  calling  up  favorite 
measures,  or  matters  under  their  special  patronage, 
out  of  their  just  turn.  It  is  useful  also  for  directing 
the  discretion  of  the  House,  when  they  are  moved 
to  take  up  a  particular  matter,  to  the  prejudice  of 
others  having  a  priority  of  right  to  their  attention 
in  the  general  order  of  business. 

In  Senate,  the  bills  and  other  papers  which  are  in  possession  of  the 
House,  and  in  a  state  to  be  acted  upon,  are  arranged  every  morning, 
and  brought  on  in  the  following  order: 

I.  Bills  ready  for  a  second  reading  are  read,  that  they  may  be  re- 
ferred to  committees,  and  so  be  put  under  way.  But  if,  on  their  being 
read,  no  motion  is  made  for  commitment,  they  are  then  laid  on  the 
table  in  the  general  file,  to  be  taken  up  in  their  just  turn. 

a.  After  twelve  o'clock,  bills  ready  for  it  are  put  on  their  passage. 

3.  Reports  in  possession  of  the  House  which  offer  grounds  for  a  bill, 
are  to  be  taken  up,  that  the  bill  may  be  ordered  in. 

4.  Bills  or  other  matters  before  the  House,  and  unfinished  on  the 
preceding  day,  whether  taken  up  in  turn,  or  on  special  order,  are 
entitled  to  be  resumed  and  passed  on  through  their  present  stage. 

5.  These  matters  being  despatched,  for  preparing  and  expediting 
business,  the  general  file  of  bills  and  other  papers  is  then  taken  up,  and 
each  article  of  it  is  brought  on  according  to  its  seniority,  reckoned  by 
the  date  of  its  first  introduction  to  the  House.  Reports  on  bills  belong 
to  the  dates  of  their  bills. 


Jefferson's  Works 

In  this  way  we  do  not  waste  our  time  in  debating  what  shall  be  taken 
lap:  we  do  one  thing  at  a  time,  follow  up  a  subject  while  it  is  fresh,  and 
till  it  is  done  with;  dear  the  House  of  business,  gradation  as  it  ii 
brought  on,  and  prevent,  to  a  certain  degree,  its  immense  accumula' 
tion  towards  the  close  of  the  session. 

Arrangement,  however,  can  only  take  hold  of  matt«rs  in  posscsoon 
of  the  House.  New  matter  may  be  moved  at  any  time,  when  no 
question  is  before  the  House.  Such  are  original  motions,  and  reports 
on  bills.  Such  are,  bills  from  the  other  House,  which  are  received  al 
all  times,  and  receive  their  first  reading  as  soon  as  the  question  then 
before  the  House  is  disposed  of;  and  bills  brought  in  on  leave,  which 
are  read  first  whenever  presented.  So,  messages  from  the  other  Houf 
respecting  amendments  to  bills,  are  taken  up  as  soon  as  the  House  li 
clear  of  a  question,  unless  they  require  to  be  printed  for  belter  consid- 
eration. Orders  of  the  day  may  be  called  for,  even  when  anolha' 
question  is  before  the  House. 


Each  House  may  determine  the  rules  of  its  prcKeedings;  pnlliill 
its  members  for  disorderly  behavior,  and,  with  the  concurrence  of  twff- 
thirds,  expel  a  member, — Const.  I.  5. 

In    Parliament,    "  instances    make    order,"    pif 
Speaker  Onslow,  2  Hats.  144;  but  what  is  done  ot 
by   one   Parliament,   cannot   be   called   custom 
Parliament:  by  Prynne,  i  Grey,  52. 




The  Clerk  is  to  let  no  journals,  records,  accounts, 
or  papers,  be  taken  from  the  table,  or  out  of  his 
custody.- — 2  Hats.  193,  194. 

Mr,  Prynne  having,  at  a  committee  of  the  whole, 

Parliamentary  Manual  361 

amended  a  mistake  in  a  bill,  without  order  or 
knowledge  of  the  committee,  was  reprimanded. — i 
Chand.  77. 

A  bill  being  missing,  the  House  resolved,  that  a 
protestation  should  be  made  and  subscribed  by  the 
members,  "  before  Almighty  God  and  this  honorable 
House,  that  neither  myself  nor  any  other,  to  my 
knowledge,  have  taken  away,  or  do  at  this  present 
conceal  a  bill  entitled,"  &c. — 5  Grey,  202, 

After  a  bill  is  engrossed,  it  is  put  into  the  Speaker's 
hands,  and  he  is  not  to  let  any  one  have  it  to  look 
into. — Town.  col.  209. 



When  the  Speaker  is  seated  in  his  chair,  every 
member  is  to  sit  in  his  place. — Scob.  6;  Grey,  403. 

When  any  member  means  to  speak,  he  is  to  stand 
up  in  his  place,  uncovered,  and  to  address  himself, 
not  to  the  House,  or  any  particular  member,  but  to 
the  Speaker,  who  calls  him  by  his  name,  that  the 
House  may  take  notice  who  it  is  that  speaks. — Scob. 
6;  D'Ewes,  487,  col.  i;  2  Hats.  77;  4  Grey,  66;  8 
Grey,  108.  But  members  who  are  indisposed  may 
be  indulged  to  speak  sitting. — 3  Hats.  75,  77;  i 
Grey,  195. 

In  Senate,  every  member,  when  he  speaks,  shall  address  the  chair, 
standing  in  his  place ;  and  when  he  has  finished,  shall  sit  down. — Rule  3 . 


Jefferson's  Works 

When  a  member  stands  up  to  speak,  no  question 
is  to  be  put;  but  he  is  to  be  heard,  unless  the  House 
overrule  him. — 4  Grey,  390;   5  Grey,  6,  143. 

If  two  or  more  rise  to  speak  nearly  together,  the 
Speaker  determines  who  was  first  up,  and  calls  him 
by  name;  whereupon  he  proceeds,  unless  he  volun- 
tarily sits  down,  and  gives  way  to  the  other.  But 
sometimes  the  House  does  not  acquiesce  in  the 
Speaker's  decision;  in  which  case,  the  question  is 
put,  "which  member  was  first  up?" — 2  Hats.  76; 
Scab.  7;  D'Ewes,  434,  col.  1,  2, 

In  the  Senate  of  the  Utiited  States,  the  President's  decision  is  with- 
out appeal.  Their  rule  is  in  these  words: — IVIten  two  members  riie 
at  the  same  time,  the  President  shall  name  the  person  to  speak;  but  in  all 
cases,  the  member  who  shall  first  rise  and  address  the  chair,  shall  speak 
first, — Rule  ;. 

No  man  can  speak  more  than  once  to  the  same  bill, 
on  the  same  day;  or  even  on  another  day,  if  the 
debate  be  adjourned.  But  if  it  be  read  more  than 
once,  in  the  same  day,  he  may  speak  once  at  every 
reading. — Co.  12,  116;  Hakew.  148;  Scab.  58;  2 
Hals.  75.  Even  a  change  of  opinion  does  not  give  a 
right  to  be  heard  a  second  time. — Smyth.  Comw.  L. 
2.  c.  3;  Arcan.  Pari.  17. 

The  corresponding  rule  of  the  Senate  is  ia  these  words; — No  mem- 
ber shall  speak  more  than  twice  in  any  one  debate  on  the  same  day, 
without  leave  of  the  Senate. — Rule  4, 

But  he  may  be  permitted  to  speak  again  to  clear  a 
matter  of  fact. — 3  Grey,  357,  416.  Or  merely  to 
explain  himself,  3  Hats.  73,  in  some  material  part  of 

Parliamentary  Manual  363 

his  speech,  ib.  75;  or  to  the  manner  or  words  of  the 
question,  keeping  himself  to  that  only,  and  not  trav- 
elling into  the  merits  of  it,  Memorials  in  Hakew.  29; 
or  to  the  orders  of  the  House,  if  they  be  transgressed, 
keeping  within  that  line,  and  falling  into  the  matter 
itself. — Mem.  Hakew.  30,  31, 

But  if  the  Speaker  rises  to  speak,  the  member 
standing  up  ought  to  sit  down,  that  he  may  be  first 
heard.  Town.  col.  205;  Hale,  Pari.  133;  Mem.  in 
Hakew.  30,  31.  Nevertheless,  though  the  Speaker 
may  of  right  speak  to  matters  of  order,  and  be  first 
heard,  he  is  restrained  from  speaking  on  any  other 
subject,  except  where  the  House  have  occasion  for 
facts  within  his  knowledge :  then  he  may,  •  with  their 
leave,  state  the  matter  of  fact. — 3  Grey,  38. 

No  one  is  to  speak  impertinently  or  beside  the 
question,  superfluously  or  tediously. — Scob.  31,  33; 
2  Hats.  166,  168;  Hale,  Pari.  133. 

No  person  is  to  use  indecent  language  against  the 
proceedings  of  the  House,  no  prior  determination  of 
which  is  to  be  reflected  on  by  any  member  unless  he 
means  to  conclude  with  a  motion  to  rescind  it. — 2 
Hats.  169,  170;  Rushw.  p.  3.  v.  i.  fol.  42.  But  while 
a  proposition  is  under  consideration,  is  still  in  fieri, 
though  it  has  even  been  reported  by  a  committee, 
reflections  on  it  are  no  reflections  on  the  House. — 9 
Grey,  308. 

No  person  in  speaking,  is  to  mention  a  member 
then  present  by  his  name;  but  to  describe  him  by 
his  seat  in  the  House,  or  who  spoke  last  or  on  the 


Jefferson's  Works 

other  side  of  the  question,  &c.     Mem.  in  Hakew. j 

Smyth's  Comw.  L.  2.  c.  3;  nor  to  digress  from  tlie 
matter  to  fall  upon  the  person.— Scob.  31;  Hale. 
Pari.  133;  2  Hats.  166,  by  speaking,  reviling,  nip- 
ping, or  unmannerly  words  against  a  particular  mem- 
ber. Smyth's  Comw.  L.  2.  c.  3.  The  consequence 
of  a  measure  may  be  reprobated  in  strong  terms;  but 
to  arraign  the  motives  of  those  who  propose  or  advo- 
cate it,  is  a  personality,  and  against  order.  Qui 
digreditur  a  materia  ad  personam,  Mr.  Speaker  ought 
to  suppress. — Ord.  Com.  1604,  Apr.  19. 

When  a  member  shall  be  called  to  order  he  shall  sit  down,  until  the 
President  shall  have  determined  whether  he  is  in  order  or  net.— 
Rule  16. 

No  member  shall  speak  to  another,  or  otherwise  interrupt  the  hori- 
ness  of  the  Senate,  or  read  any  printed  paper  while  the  Joumalt  or 
public  papers  are  reading,  or  when  any  member  is  speaking  in  anjr 
dehate.^Rule  i. 

No  one  is  to  disturb  another  in  his  speech,  by  hiss- 
ing, coughing,  spitting.- — -6  Grey,  332;  Scob.  8; 
D'Ewes,  332,  col.  I ;  nor  stand  up  to  interrupt  him,— 
Town.  col.  205;  Mem.  in  Hakew.  31;  nor  to  pass 
between  the  Speaker  and  the  speaking  member;  nor 
to  go  across  the  House, — Scab,  6;  or  to  walk  up  and 
down  it;  or  to  take  books  or  papers  from  the  table, 
or  write  there. — 2  Hats.  171. 

Nevertheless,  if  a  member  finds  it  is  not  the  indi- 
nation  of  the  House  to  hear  him,  and  that,  by  con- 
versation or  any  other  noise,  they  endeavor  to 
drown  his  voice,  it  is  the  most  prudent  way  to  sub- 

Parliamentary  Manual  3<^5 

mit  to  the  pleasure  of  the  House,  and  sit  down ;  for 
it  scarcely  ever  happens  that  they  are  guilty  of  this 
piece  of  ill  manners  without  sufficient  reason,  or  inat- 
tentive to  a  member  who  says  anything  worth  their 
bearing. — 2  Hats.  77,  78. 

If  repeated  calls  do  not  produce  order,  the  Speaker 
may  call  by  his  name  any  member  obstinately  per- 
sisting in  irregularity;  whereupon  the  House  may 
require  the  member  to  withdraw.  He  is  then  to  be 
heard  in  exculpation  and  to  withdraw.  Then  the 
Speaker  states  the  offence  committed,  and  the  House 
considers  the  degree  of  punishment  they  will  inflict. 
— 2  Hats.  169,  7,  8,  172. 

For  instances  of  assaults  and  affrays  in  the  House 
of  Commons,  and  the  proceedings  thereon,  see  i  Pet. 
Misc.  82;  3  Grey,  128;  4  Grey,  328;  5  Grey,  38;  26 
Grey,  204;  10  Grey,  8.  Whenever  warm  words  or 
an  assault  have  passed  between  the  members,  the 
Hotise,  for  the  protection  of  their  members,  requires 
them  to  declare  in  their  place  not  to  prosecute  any 
quarrel, — 3  Grey,  128,  293;  5  Grey,  289;  or  orders 
them  to  attend  the  Speaker,  who  is  to  accommodate 
their  differences,  and  to  report  to  the  House, — 3 
Grey,  419;  and  they  are  put  under  restraint,  if  they 
refuse,  or  until  they  do. — 9  Grey,  234,  312, 

Disorderly  words  are  not  to  be  noticed  till  the 
member  has  finished  his  speech. — 5  Grey,  356;  6 
Grey,  60.  Then  the  person  objecting  to  them,  and 
desiring  them  to  be  taken  down  by  the  clerk  at  the 
table,  must  repeat  them.    The  Speaker  then  may 

3*6  Jefferson's  Works 

direct  the  clerk  to  take  them  down  in  his  minute. 
But  if  he  thinks  them  not  disorderly,  he  delays  the 
direction.  If  the  call  becomes  pretty  general,  he 
orders  the  clerk  to  take  them  down,  as  stated  by  the 
objecting  member.  They  are  then  part  of  his  min- 
utes, and  when  read  to  the  offending  member,  he 
may  deny  they  were  his  words,  and  the  House  must 
then  decide  by  a  question,  whether  they  are  his  words 
or  not.  Then  the  member  may  justify  them,  or  ex- 
plain the  sense  in  which  he  used  them,  or  apologize. 
If  the  House  is  satisfied,  no  further  proceeding  is 
necessary.  But  if  two  members  still  insist  to  take 
the  sense  of  the  House,  the  member  must  withdraw 
before  that  question  is  stated,  and  then  the  sense  of 
the  House  is  to  be  taken. — 2  Hats.  199;  4  Grey,  170; 
6  Grey,  59.  When  any  member  has  spoken,  or  other 
business  intervened,  after  offensive  words  spoken. 
they  cannot  be  taken  notice  of  for  censure.  And 
this  is  for  the  common  security  of  all,  and  to  prevent 
mistakes,  which  must  happen,  if  words  are  not  taken 
down  immediately.  Formerly,  they  might  be  taken  | 
down  at  any  time  the  same  day. — 2  Hats.  196;  Mwt. 
in  Hakew.  71:3  Grey,  48;  9  Grey,  514. 

Disorderly  words  spoken  in  a  committee,  must  be 
written  down  as  in  the  House;  but  the  committee 
can  only  report  them  to  the  House  for  animadver- 
sion.— 6  Grey,  46. 

The  rule  of  the  Senate  says, — If  a  member  be  called  to  order  f* 
words  spoken,  the  exceptionable  words  shall  be  immediatety  taken 
down  in  writing,  that  the  President  may  be  better  enabled  to  judg«.— 
RmU  17. 

Parliamentary  Manual  3^7 


In  Parliament,  to  speak  irreverently  or  seditiously 
against  the  King,  is  against  order. — Smyth's  Comw. 
L.  2,  c.  3;  2  Hats.  170. 

It  is  a  breach  of  order  in  debate  to  notice  what  has 
been  said  on  the  same  subject  in  the  other  House,  or 
the  particular  votes  or  majorities  on  it  there;  be- 
cause the  opinion  of  each  House  should  be  left  to  its 
own  independency,  not  to  be  influenced  by  the  pro- 
ceedings of  the  other;  and  the  quoting  them  might 
b^et  reflections  leading  to  a  misunderstanding 
between  the  two  Houses. — 8  Grey,  22. 

Neither  House  can  exercise  any  authority  over  a 
member  or  officer  of  the  other,  but  should  complain 
to  the  House  of  which  he  is,  and  leave  the  punish- 
ment to  them.  Where  the  complaint  is  of  words 
disrespectfully  spoken  by  a  member  of  another 
House,  it  is  difficult  to  obtain  punishment,  because 
of  the  rules  supposed  necessary  to  be  observed 
(as  to  the  immediate  noting  down  of  words)  for  the 
security  of  members.  Therefore  it  is  the  duty  of 
the  House,  and  more  particularly  of  the  Speaker, 
to  interfere  immediately,  and  not  to  permit  expres- 
sions to  go  tmnoticed,  which  may  give  a  ground  of 
complaint  to  the  other  House,  and  introduce  pro- 
ceedings and  mutual  accusations  between  the  two 
Houses,  which  can  hardly  be  terminated  without 
difficulty  and  disorder. — 3  Hats.  51. 

No  member  may  be  present  when  a  bill,  or  any 
business  concerning  himself,  is  debating;  nor  is  any 
member  to  speak  to  the  merits  of  it  till  he  with- 


Jefferson's  Works 


draws. — 2  Hats.  219.     The  rule  is,  that  if  a  chai^ 
against  a  member  arise  out  of  a  report  of  a  commit- 
tee, or  examination  of  witnesses  in  the  House,  as  the 
member  knows  from  that  to  what  points  he  is  1 
direct  his  exculpation,  he  may  be  heard  to  thoi 
points   before   any   question   is   moved   or   stat* 
against  them.     He  is  then  to  be  heard,  and  witl 
draw  before  any  question  is  moved.     But  if 
question  itself  is  the  charge,  as  for  breach  of  order,-! 
or  matter  arising  in  debate,  then  the  matter  mm 
be  stated,  that  is,  the   question  must  be  movei 
himself    heard,  and    then    to    withdraw. — 2   Hoi 
121,  122. 

Where  the  private  interests  of  a  member  are  con- ' 
cemed  in  a  bill  or  question,  he  is  to  withdraw.  And 
where  such  an  interest  has  appeared,  his  voioe  has 
been  disallowed,  even  after  a  division.  In  a  case  so 
contrary  not  only  to  the  laws  of  decency,  but  to  the 
fundamental  principles  of  the  social  compact,  which 
denies  to  any  man  to  be  a  judge  in  his  own  cause,  it 
is  for  the  honor  of  the  House  that  this  rule  of  imme- 
morial observance  should  be  strictly  adhered  to. — 2 
Hats,  119,  121;  6  Grey,  368. 

No  member  is  to  come  into  the  House  with  his 
head  covered,  nor  to  remove  from  one  place  to  the 
other  with  his  hat  on,  nor  is  to  put  on  his  hat  in 
coming  in,  or  removing,  until  he  be  sit  down  i 
place. — Scab.  6. 

A  question  of  order  may  be  adjourned  to  give  t 
to  look  into  precedents. — 2  Hats.  118. 

Parliamentary  Manual  3^9 

In  the  Senate  of  the  United  States,  every  question  of  order  is  to  be 
decided  by  the  President,  without  debate;  but  if  there  be  a  doubt  in 
his  mind,  he  may  call  for  the  sense  of  the  Senate. — Rule  z6. 

In  Parliament,  all  decisions  of  the  Speaker  may 
be  controlled  by  the  House. — 3  Grey,  319. 



Of  right,  the  door  of  the  House  ought  not  to  be 
shut,  but  to  be  kept  by  porters,  or  sergeants-at- 
arms,  assigned  for  that  purpose. — Mod.  ten.  Pari.  23. 

By  the  rule  of  the  Senate,  on  motion  made  and  seconded  to  shut 
the  doors  of  the  Senate,  on  the  discussion  of  any  business  which  may 
in  the  opinion  of  a  member,  require  secrecy,  the  President  shall  direct 
the  gallery  to  be  cleared;  and  during  the  discussion  of  such  motion 
the  door  shall  remain  shut. — Rule  38. 

No  motion  shall  be  deemed  in  order,  to  admit  any  person  or  persons 
whatever  within  the  doors  of  the  Senate-chamber,  to  present  any 
petition,  memorial,  or  address,  or  to  hear  any  such  read. — Rule  39. 

The  only  case  where  a  member  has  a  right  to 
insist  on  anything,  is  where  he  calls  for  the  execu- 
tion of  a  subsisting  order  of  the  House.  Here,  there 
having  been  already  a  resolution,  any  member  has 
a  right  to  insist  that  the  Speaker,  or  any  other  whose 
duty  it  is,  shall  carry  it  into  execution;  and  no 
debate  or  delay  can  be  had  on  it.  Thus  any  mem- 
ber has  a  right  to  have  the  House  or  gallery  cleared 
of  strangers,  an  order  existing  for  that  purpose;  or 
to  have  the  House  told  when  there  is  not  a  quorum 
present. — 2  Hats,  87,  129.  How  far  an  order  of  the 
House  is  binding,  see  Hakew.  392. 

VOL.  II — 24 


Jefferson's  Works 

But  where  an  order  is  made  that  any  particular 
matter  be  taken  up  on  a  particular  day,  there  a 
question  is  to  be  put  when  it  is  called  for.  Whether 
the  House  will  now  proceed  to  that  matter?  Where 
orders  of  the  day  are  on  important  or  interesting 
matter,  they  ought  not  to  be  proceeded  on  till  an 
hour  at  which  the  House  is  usually  full — (wkich  in 
Senate  is  at  noon). 

Orders  of  the  day  may  be  discharged  at  any  time, 
and  a  new  one  made  for  a  different  day. — 3  Grey, 
48,  313- 

When  a  session  is  drawing  to  a  close,  and  the 
important  bills  are  all  brought  in,  the  House,  in 
order  to  prevent  interruption  by  further  unimpor- 
tant bills,  sometimes  come  to  a  resolution,  that  no 
new  bill  be  brought  in,  except  it  be  sent  from  the 
other  House. — 3  Grey,  156. 

All  orders  of  the  House  determine  with  the  ses- 
sion ;  and  one  taken  under  such  an  order  may,  after 
the  session  is  ended,  be  discharged  on  a  Habeas 
Corpus. — Raym.  120;  Jacob's  L.  D.  by  Ruffhead] 
Parliament,  i  Lev.  165.  Prichard's  case. 

Where  the  Constitution  authorizes  each  House  to  determine  tbS! 
of  its  proceedings,  it  must  mean  in  those  cases,  le^slati 
or  judiciary,  submitted  to  them  by  the  Constitution,  or  in  something 
relating  to  these,  and  necessary  towards  their  execution.  But  ordere 
and  resolutions  are  sometimes  entered  in  their  joiuTials,  having  no 
relation  to  these,  such  as  acceptances  of  invitations  to  attend  oratioDs, 
to  take  part  in  processions,  &c.  These  must  be  understood  to  be 
merely  conventional  among  those  who  are  willing  to  participate  in 
the  ceremony,  and  are  therefore,  perhaps,  improperly  placed  a 
tiie  records  of  the  Hou«e. 


Parliamentary  Manual  37 1 



A  petition  prays  something.  A  remonstrance  has 
no  prayer. — i  Grey^  58. 

Petitions  must  be  subscribed  by  the  petitioners, 
Scob.  87;  L.  Pari.  c.  22;  9  Grey,  362,  unless  they  are 
attending,  i  Grey,  401 ,  or  tmable  to  sign,  and  averred 
by  a  member. — 3  Grey,  418.  But  a  petition  not 
subscribed,  but  which  the  member  presenting  it 
affirmed  to  be  all  in  the  handwriting  of  the  petitioner, 
and  his  name  written  in  the  beginning,  was,  on  the 
question,  (March  14,  1800,)  received  by  the  Senate. 
The  averment  of  a  member,  or  somebody  without 
doors,  that  they  know  the  handwriting  of  the  peti- 
tioners, is  necessary,  if  it  be  questioned. — 6  Grey,  36. 
It  must  be  presented  by  a  member,  not  by  the  peti- 
tioners, and  must  be  opened  by  him,  holding  it  in 
his  hand. — 10  Grey,  57. 

Before  any  petition  or  memorial,  addressed  to  the  Senate,  shall  be 
received  and  read  at  the  table,  whether  the  same  shall  be  introduced 
by  the  President  or  a  member,  a  brief  statement  of  the  contents  of  the 
petition  or  memorial  shall  verbally  be  made  by  the  introducer. — 
Rule  9Z. 

Regularly  a  motion  for  receiving  it  must  be  made 
and  seconded,  and  a  question  put,  Whether  it  shall 
be  received?  But  a  cry  from  the  House  of  "Re- 
ceived," or  even  its  silence,  dispenses  with  the  for- 
mality of  this  question :  it  is  then  to  be  read  at  the 
table,  and  disposed  of. 


Jefferson's  Works 


When  a  motion  has  been  made,  it  is  not  to  be  put 
to  the  question,  or  debated,  until  it  is  seconded. — 
Scab.  21. 

It  is  then,  and  not  till  then,  in  possession  of  the 
House.  It  is  to  be  put  into  writing,  if  the  Hoiise  or 
Speaker  require  it,  and  must  be  read  to  the  House 
by  the  Speaker,  as  often  as  any  member  desires 
for  his  information. — 2  Hats.  82. 


The  rule  of  the  Senate  is.  When  a  motion  shall  be  made  andsecoiit 
it  shall  be  reduced  to  writing,  if  desired  by  the  President  or  any  mem- 
ber, delivered  in  at  the  table,  and  read  by  the  President  before  the 
same  shall  be  debated. — Rule  7. 

It  might  be  asked,  whether  a  motion  for  adjourn- 
ment, or  for  the  orders  of  the  day,  can  be  made  by 
one  member  while  another  is  speaking?  It  cannot. 
When  two  members  offer  to  speak,  he  who  rose  first 
is  to  be  heard,  and  it  is  a  breach  of  order  in  another 
to  interrupt  him,  unless  by  calling  him  to  order  if  he 
departs  from  it.  And  the  question  of  order  being 
decided,  he  is  still  to  be  heard  through.  A  call  for 
adjournment,  or  for  the  order  of  the  day,  or  for  the 
question,  by  gentlemen  from  their  seats,  is  not  a 
motion.  No  motion  can  be  made  without  arising 
and  addressing  the  chair.     Such  calls  are  themselves 

Parliamentary  Manual  373 

breaches  of  order,  which,  though  the  member  who 
has  risen  may  respect  as  an  expression  of  impatience 
of  the  House  against  farther  debate,  yet,  if  he 
chooses,  he  has  a  right  to  go  on. 



When  the  House  commands,  it  is  by  an  "order." 
But  facts,  principles,  their  own  opinions  and  pur- 
ix>ses,  are  expressed  in  the  form  of  resolutions. 

A  resolution  for  an  allowance  of  money  to  the  clerks  being  moved. 
it  "was  objected  to  as  not  in  order,  and  so  ruled  by  the  chair.  But  on 
appeal  to  the  Senate,  (i.  e.,  a  call  for  their  sense  by  the  President,  on 
account  of  doubt  in  his  mind,  according  to  Rule  i6),  the  decision  was 
overruled. — Joum,  Sen.,  June  i,  1796.  I  prestune  the  doubt  was, 
^whether  an  allowance  of  money  could  be  made  otherwise  than  by  bill. 



Every  bill  shall  receive  three  readings  previous  to  its  being  passed; 
and  the  President  shall  give  notice  at  each,  whether  it  be  the  first, 
second,  or  third;  which  readings  shall  be  on  three  different  days,  unless 
the  Senate  unanimously  direct  otherwise,  or  unless  by  a  joint  vote  of 
both  Houses,  or  the  expiration  of  their  term,  the  session  is  to  be  closed 
within  three  days. — Rule  13. 



One  day's  notice,  at  least,  shall  be  given  of  an  intended  motion  for 
leave  to  bring  in  a  bill. — Rule  12. 

374  Jefferson's  Works 

When  a  member  desires  to  bring  a  bill  on  any  sub- 
ject, he  states  to  the  Hotise,  in  general  terms,  the 
causes  for  doing  it,  and  concludes  by  moving  for 
leave  to  bring  in  a  bill,  entitled,  etc.  Leave  being 
given,  on  the  question,  a  committee  is  appointed  to 
prepare  and  bring  in  the  bill.  The  mover  and 
seconder  are  always  appointed  on  this  committee, 
and  one  or  more  in  addition. — Hakew.  132 ;  Scob.  40. 

It  is  to  be  presented  fairly  written,  without  any 
erasure  or  interlineation ;  or  the  Speaker  may  refuse 
it. — Scob.  31;  I  Grey,  82,  84. 



When  a  bill  is  first  presented,  the  clerk  reads  it 
at  the  table,  and  hands  it  to  the  Speaker,  who,  rising, 
states  to  the  House  the  title  of  the  bill;  that  this  is 
the  first  time  of  reading  it ;  and  the  question  will  be, 
Whether  it  shall  be  read  a  second  time  ?  Then,  sit- 
ting down,  to  give  an  opening  for  objections ;  if  none 
be  made,  he  rises  again,  and  puts  the  question, 
Whether  it  shall  be  read  a  second  time? — Hakew. 
137,  141.  A  bill  cannot  be  amended  at  the  first 
reading, — 6  Grey,  286;  nor  is  it  usual  for  it  to  be 
opposed  then,  but  it  may  be  done  and  rejected.— 
D'Ewes,  335,  col.  i;  3  Hats.  198. 

Parliamentary  Manual  375 



The  second  reading  must  regularly  be  on  another 
day. — Hakew.  143.  It  is  done  by  the  clerk  at  the 
table,  who  then  hands  it  to  the  Speaker.  The 
Speaker,  rising,  states  to  the  House  the  title  of  the 
bill,  that  this  is  the  second  time  of  reading  it,  and 
that  the  question  will  be.  Whether  it  shall  be  com- 
mitted, or  engrossed  and  read  a  third  time?  But  if 
the  bill  came  from  the  other  House,  as  it  always 
comes  engrossed,  he  states  that  the  question  will  be. 
Whether  it  shall  be  read  a  third  time  ?  And  before 
he  has  so  reported  the  state  of  the  bill,  no  one  is  to 
speak  to  it. — Hakew.  143,  146. 

In  the  Senate  of  the  United  States,  the  President  reports  the  title 
of  the  bill,  that  this  is  the  second  time  of  reading  it,  that  it  is  now  to 
be  considered  as  in  a  committee  of  the  whole,  and  the  question  will 
be.  Whether  it  shall  be  read  a  third  time  ?  or,  that  it  may  be  referred 
to  a  special  committee. 



If,  on  motion  and  question,  it  be  decided  that  the 
bill  shall  be  committed,  it  may  then  be  moved  to  be 
referred  to  a  committee  of  the  whole  House,  or  to  a 
special  committee.  If  the  latter,  the  Speaker  pro- 
ceeds to  name  the  committee.  Any  member  also 
may  name  a  single  person,  and  the  clerk  is  to  write 
him  down  as  of  the  committee.     But  the  House 

37^  Jefferson's  Works 

have  a  :ontrolling  power  over  the  names  and  num. 
ber,  if  a  question  be  moved  against  any  one;  and 
may  in  any  case  put  in  and  put  out  whom  they 

Those:  who  take  exceptions  to  some  particulars  in 
■  the  bill,  runittee.     But  none  who 

speak  d  ody  of  the  bill.     For  he 

that  w<  would  not  amend  it. — 

Hakew.  i8;  D'Ewes,   634,  col.  3; 

Scab.  4;  y,  145,  the  child  is  not  to 

be  put  not  for  it. — 6  Grey,  373. 

It  is  thi  b,  "  that  no  man  is  to  be 

employ  ho  has  declared  himsdf 

against  n..       ^. ...  .*../  member  who  is  against 

the  bill,  hears  himself  named  of  its  committee,  he 
ought  to  ask  to  be  excused.  Thus,  March  6,  1606, 
Mr.  Hadley  was,  on  the  question  being  put,  excused 
from  being  of  a  committee,  declaring  himself  to  be 
against  the  matter  itself. — Scab.  48. 

No  bill  shall  be  committed  or  amended  until  it  shall  have  been  twice 
read,  after  which  it  may  be  referred  to  a  committee. — RuU  14. 

All  committees  shall  be  appointed  by  ballot,  and  a  plurality  of 
voices  shall  make  a  choice. — Rule  15. 

The  clerk  may  deliver  the  bill  to  any  member  of 
the  committee. — Town.  col.  138.  But  it  is  usual  to 
dehver  it  to  him  who  is  first  named. 

In  some  cases,  the  House  has  ordered  the  com- 
mittee to  withdraw  immediately  into  the  committee- 
chamber,  and  act  on  and  bring  back  the  bill,  sitting 
the  House.—Scob.  48. 

Parliamentary  Manual  377 

A  committee  meets  when  and  where  they  please, 
if  the  House  has  not  ordered  time  and  place  for 
them. — 6  Grey,  370.  But  they  can  only  act  when 
together,  and  not  by  separate  consultation. and  con- 
sent; nothing  being  the  report  of  the  committee, 
but  what  has  been  agreed  to  in  committee,  actually 

A  n^iajority  of  the  conmiittee  constitutes  a  quorum 
for  btisiness. — Elsynge's  method  of  passing  bills,  11. 

Any  member  of  the  House  may  be  present  at  any 
select  committee,  but  cannot  vote,  and  must  give 
place  to  all  of  the  committee,  and  must  sit  below 
them. — Elsynge,  12;  Scob.  49. 

But  in  1626,  April  24th,  the  House  of  Commons 
resolved  that  though  any  members  may  be  present 
at  the  examination  of  witnesses,  they  may  not  be  at 
the  debate,  disposition,  or  penning  of  the  business 
by  the  select  committee. — 4  Hats.  124. 

The  committee  have  full  power  over  the  bill,  or 
other  paper  committed  to  them,  except  that  they 
cannot  change  the  title  or  subject. — 8  Grey,  228. 

The  paper  before  a  committee,  whether  select  or 
of  the  whole,  may  be  a  bill,  resolutions,  draught  of 
an  address,  &c.,  and  it  may  either  originate  with 
them,  or  be  referred  to  them.  In  every  case,  the 
whole  paper  is  read  first  by  the  clerk,  and  then  by 
the  chairman,  by  paragraphs,  Scob.  49,  pausing  at 
the  end  of  each  paragraph,  and  putting  questions, 
for  amending,  if  proposed.  In  the  case  of  resolutions 
on  distinct  subjects,  originating  with  themselves,  a 


Jefferson's  Works 

question  is  put  on  each  separately,  as  amended,  or 
unamended,  and  no  final  question  on  the  whole. — 3 
Hats.  276.  But  if  they  relate  to  the  same  subject, 
a  question  is  put  on  the  whole.  If  it  be  a  bill, 
draught  of  an  address,  or  other  paper  originating 
with  them,  they  proceed  by  paragraphs,  putting 
questions  for  amending,  either  by  inserting  or 
striking  out,  if  proposed;  but  no  question  on 
agreeing  to  the  paragraphs  separately.  This  is 
reserved  to  the  close,  when  a  question  is  put  on  the 
whole  for  agreeing  to  it  as  amended  or  imamended. 
But  if  it  be  a  paper  referred  to  them,  they  proceed 
to  put  questions  of  amendment,  if  proposed,  but  no 
final  question  on  the  whole;  because  all  parts  of  the 
paper  having  been  adopted  by  the  House,  stand,  of 
course,  unless  altered,  or  struck  out  by  a  vote. 
Even  if  they  are  opposed  to  the  whole  paper,  and 
think  it  cannot  be  made  good  by  amendments,  they 
cannot  reject  it,  but  must  report  it  back  to  the 
House  without  amendments,  and  there  make  their 

The  nattiral  order  in  considering  and  amending 
any  paper  is,  to  begin  at  the  beginning,  and  proceed 
through  it  by  paragraphs ;  and  this  order  is  so 
strictly  adhered  to  in  Parliament,  tliat,  when  a 
latter  part  has  been  amended,  you  cannot  recur 
back  and  make  any  alteration  in  a  former  part. — a 
Hats.  90.  In  numerous  assembhes,  this  restraint  is, 
doubtless,  important. 


Parliamentary  Manual  379 

But  in  the  Senate  of  the  United  States,  though  in  the  main  we  con- 
sider and  amend  the  paragraphs  in  their  natural  order,  yet  recurrences 
are  indulged;  and  they  seem,  on  the  whole,  in  that  small  body,  to 
produce  advantages  overweighing  their  inconveniences. 

To  this  natural  order  of  beginning  at  the  beginning, 

there  is  a  single  exception  found  in  Parliamentary 

usage.     When  a  bill  is  taken  up  in  cjommittee,  or  on 

its  second  reading,  they  postpone  the  preamble,  till 

the  other  parts  of  the  bill  are  gone  through.     The 

reason  is,  that  on  consideration  of  the  body  of  the 

bill,  such  alterations  may  therein  be  made,  as  may 

also  occasion  the  alteration  of  the  preamble. — Scob. 

so;   7  Grey,  4^1. 

On  this  head,  the  following  case  occurred  in  the 
Senate,  March  6,  i8oo.     A  resolution  which  had  no 
preamble,   having  been  already  amended  by  the 
House,  so  that  a  few  words  only  of  the  original 
remained  in  it,  a  motion  was  made  to  prefix  a 
preamble,  which,  having  an  aspect  very  different 
from  the  resolution,  the  mover  intimated  that  he 
should  afterwards  propose  a  correspondent  amend- 
ment in  the  body  of  the  resolution.     It  was  objected 
that  a  preamble  could  not  be  taken  up  till  the  body 
of  the  resolution  is  done  with.     But  the  preamble 
was  received;   because  we  are  in  fact  through  the 
body  of  the  resolution,  we  have  amended  that  as 
far  as  amendments  have  been  offered,  and  indeed 
till  little  of  the  original  is  left.     It  is  the  proper  time, 
therefore,  to  consider  [a  preamble ;  and  whether  the 
one  offered  be  consistent  with  the  resolution,  is  for 

:  tto»s^ 

.  vJotlts 








oi  if' 






,  ttiew- 




*«=*      amend'"''"    •  „„,s.  ago.  *    ^  ««»»" 
vA*"",    S«b-  53-'  ^  "    ?'^^'=*  Souse,  *^* 



.  vote  ' 

,  W 

^V^-.t  ■al.e.edr^i^es.-r\ -,.e,  ot 




-  oinit 


„ee  n*^    ^ 
l.din'*^"'  =    scot-  50i  f';^  tbe  !:»»' 



iseU,  ^] 





,  eoO>0»*|| 

Parliamentary  Manual  381 

whom  was  referred  such  a  bill,  have,  according  to 
order,  had  the  same  under  consideration,  and  have 
directed  him  to  report  the  same  without  any  amend- 
ment, or  with  sundry  amendments,  (as  the  case 
may  be,)  which  he  is  ready  to  do  when  the  House 
pleases  to  receive  it.  And  he,  or  any  other,  may 
move  that  it  be  now  received.  But  the  cry  of  **now, 
now,"  from  the  House,  generally  dispenses  with  the 
formality  of  a  motion  and  question.  He  then  reads 
the  amendments,  with  the  coherence  in  the  bill,  and 
opens  the  alterations,  and  the  reasons  of  the  com- 
mittee for  sudi  amendment,  until  he  has  gone 
through  the  whole.  He  then  delivers  it  at  the 
clerk's  table,  where  the  amendments  reported  are 
read  by  the  derk,  without  the  coherence;  where- 
upon the  papers  lie  upon  the  table,  till  the  House, 
at  his  convenience,  shall  take  up  the  report. — Scab. 
52;  Hakew.  148. 

The  report  being  made,  the  committee  is  dissolved^ 
and  can  act  no  more  without  a  new  power. — Scab.  51. 
But  it  may  be  revived  by  a  vote,  and  the  same  matt^ 
itted  to  them. — 4  Grey,  361. 




After  a  biU  has  been  committed  and  reported^  it 
oug^t  not,  in  an  ordinary  course,  to  be  recommitted* 
But  in  cases  of  importance,  and  for  special  reasons, 
it  is  sometimes  recommitted,  and  usually  to  the 

382  Jefferson's  Works 

same  committee. — Hakew.  151.  If  a  report  be  com- 
mitted before  agreed  to  in  the  House,  what  has 
passed  in  the  committee  is  of  no  validity ;  the  whole 
question  is  again  before  the  committee,  and  a  new 
resolution  must  be  again  moved,  as  if  nothing  had 
passed. — 3  Hats.  131,  note.    . 

In  Senate,  January,  1800,  the  salvage  bill  was 
recommitted  three  times  after  the  commitment. 

A  particular  clause  of  a  bill  may  be  committed 
without  the  whole  bill, — 3  Hats.  131 ;  or  so  much  of 
a  paper  to  one,  and  so  much  to  another  committee. 



When  the  report  of  a  paper,  originating  with  a 
committee,  is  taken  up  by  the  House,  they  proceed 
exactly  as  in  committee.  Here,  as  in  committee, 
when  the  paragraphs  have,  on  distinct  questions, 
been  agreed  to  seriatim, — 5  Grey,  365;  6  Grey,  368; 
8  Grey,  47,  104,  360;  i  Torbuck's  deb.  124;  3  Hats, 
348, — ^no  question  need  be  put  on  the  whole  report. 
—5  Grey,  381. 

On  taking  up  a  bill  reported  with  amendments, 
the  amendments  only  are  read  by  the  clerk.  The 
Speaker  then  reads  the  first,  and  puts  it  to  the 
question,  and  so  on  till  the  whole  are  adopted  or 
rejected,  before  any  other  amendment  be  admitted, 
except  it  be  an  amendment  to  an  amendment. — 
Elsynge's  Mem.  23.     When  through  the  amendments 

Parliamentary  Manual  3^3 

of  the  committee,  the  Speaker  pauses,  and  gives 
time  for  amendments  to  be  proposed  in  the  House 
to  the  body  of  the  bill ;  as  he  does  also  if  it  has  been 
reported  without  amendments ;  putting  no  question 
but  on  amendments  proposed;  and  when  through 
the  whole,  he  puts  the  question.  Whether  the  bill 
shaU  be  read  the  third  time  ? 



If,  on  the  motion  and  question,  the  bill  be  not 
committed,  or  if  no  proposition  for  commitment  be 
made,  then  the  proceedings  in  the  Senate  of  United 
States  and  in  Parliament  are  totally  diflEerent.  The 
former  shall  be  first  stated. 

The  soth  rule  of  the  Senate  sa3rs,  "All  bills,  on  a  second  reading, 
shall  first  be  considered  by  the  Senate  in  the  same  manner  as  if  the 
Senate  were  in  a  committee  of  the  whole,  before  they  shall  be  taken 
up  and  proceeded  on  by  the  Senate  agreeably  to  the  standing  rules, 
unless  otherwise  ordered;"  that  is  to  say,  unless  ordered  to  be  referred 
to  a  special  committee. 

The  proceeding  of  the  Senate,  as  in  conmiittee  of  the  whole,  or  in 
quasi-committee,  are  precisely  as  in  a  real  committee  of  the  whole, 
taking  no  questions  but  on  amendments.  When  through  the  whole, 
they  consider  the  quasi-conmiittee  as  risen,  the  House  restmied,  with- 
out any  motion,  question,  or  resolution  to  that  effect,  and  the  Presi- 
dent reports,  that  "the  House,  acting  as  in  committee  of  the  whole, 
have  had  imder  consideration  the  bill  entitled,  &c.,  and  have  made 
sundry  amendments,  which  he  will  now  report  to  the  House. ' *  The  bill 
is  then  before  them,  as  it  would  have  been  if  reported  from  a  committee, 
and  questions  are  regularly  to  be  put  again  on  every  amendment: 
which  being  gone  through,  the  President  pauses  to  give  time  to  the 
House  to  propose  amendments  to  the  body  of  the  bill,  and  when 
through,  puts  the  question,  whether  it  shall  be  read  a  third  time? 

3*4  Jefferson's  Works 

After  progress  in  amending  a  bill  in  quasi -committee,  a  motion  may 
be  made  to  refer  it  to  a  special  committee.  If  the  motion  prevails, 
it  is  equivalent  in  effect  to  the  several  votes  that  the  committee  rise, 
the  House  resume  itself,  discharge  the  committee  of  the  whole,  and 
refer  the  bill  to  a  special  committee.  In  that  case,  the  amendments 
already  made  fall.  But  if  the  motion,  fails,  the  quasi -committee  stands 
iaslalu  qua. 

How  far  does  this  20th  rule  subject  the  House, 
when  in  quasi-committee,  to  the  laws  whicli  regulate 
the  proceedings  of  a  committee  of  the  whole  ?  The 
particulars,  in  which  these  differ  from  proceedings 
in  the  House,  are  the  following:—!.  In  a  committee, 
every  member  may  speak  as  often  as  he  pleases. — 
2.  The  votes  of  a  committee  may  be  rejected  or 
altered  when  reported  to  the  House. — 3.  A  com- 
mittee, even  of  the  whole,  cannot  refer  any  matter 
to  another  committee. — 4.  In  a  committee,  no  pre- 
vious question  can  be  taken:  the  only  means  to 
avoid  an  improper  discussion,  is  to  move  that  the 
committee  rise;  and  if  it  be  apprehended  that  the 
same  discussion  will  be  attempted  on  returning  into 
committee,  the  House  can  discharge  them,  and  pro- 
ceed itself  on  the  business,  keeping  down  the 
improper  discussion  by  the  previous  question. — 5.  A 
committee  cannot  punish  a  breach  of  order,  in  the 
House,  or  in  the  gallery, — 9  Grey,  113;  it  can  only 
rise  and  report  it  to  the  House,  who  may  pn 
to  punish. 


The  ist  and  3d  of  these  peculiarities  attach  to  the  quasi-commttS 
of  the  Senate,  as  every  day's  practice  proves ;  and  seem  to  be  the  only 
ones  to  which  the  joth  rule  meant  to  subject  them:  for  it  continues  to 
be  a  House,  and  therefore,  though  it  acts  in  some  respects  as  a  (oni- 

Parliamentary  Manual  385 

xmttee,  in  others  it  preserves  its  character  as  a  House. — Thus,  3d,  It 
is  in  the  daily  habit  of  referring  its  business  to  a  special  committee. — 
4th.  It  admits  the  previous  question:  if  it  did  not,  it  would  have  no 
means  of  preventing  an  improper  discussion;  not  being  able,  as  the 
committee  is,  to  avoid  it  by  returning  into  the  House:  for  the  moment 
it  would  restmie  the  same  subject  there,  the  20th  rule  declares  it  again 
a  quasi-committee. — 5th.  It  would  doubtless  exercise  its  powers  as  a 
House  on  any  breach  of  order. — 6th.  It  takes  a  question  by  Yea  and 
Nay,  as  the  House  does. — 7th.  It  receives  messages  from  the  Presi- 
dent and  the  other  House. — 8th.  In  the  midst  of  a  debate,  it  receives 
a  motion  to  adjourn,  and  adjourns  as  a  House,  not  as  a  committee. 



In  Parliament,  after  the  bill  has  been  read  a 
second  time,  if,  on  the  motion  and  question,  it  be 
not  committed,  or  if  no  proposition  for  commitment 
be  made,  the  Speaker  reads  it  by  paragraphs,  pausing 
between  each,  but  putting  no  questions  but  on 
amendments  proposed;  and  when  through  the 
whole,  he  puts  the  question,  Whether  it  shall  be 
read  the  third  time?  if  it  came  from  the  other 
House.  Or,  if  originating  with  themselves.  Whether 
it  shall  be  engrossed  and  read  a  third  time?  The 
Speaker  reads  sitting,  but  rises  to  put  a  question. 
The  clerk  stands  while  he  reads. 

But  the  Senate  of  the  United  States  is  so  much  in  the  habit  of  mak- 
ing many  and  material  amendments  at  the  third  reading,  that  it  has 
become  the  practice  not  to  engross  a  bill  till  it  has  passed.  An  irregu- 
lar and  dangerous  practice;  because,  in  this  way,  the  paper  which 
passes  the  Senate  is  not  that  which  goes  to  the  other  House;  and  that 
which  goes  to  the  other  House  as  the  act  of  the  Senate,  has  never  been 
seen  in  Senate.     In  reducing  ntimerous,  difficiilt,  and  illegible  amend- 

VOL.  II — 25 

Jefferson's  Works 

ments  into  the  tejct.  the  secretary  may,  with  the  n 
tions,  commit  errors  which  can  never  again  be  corrected. 

The  bill  being  now  as  perfect  as  its  friends  can 
make  it,  this  is  the  proper  stage  for  those,  funda- 
mentally opposed,  to  make  their  first  attack.  All 
attempts  at  other  periods  are  with  disjointed  efforts; 
because  many  who  do  not  expect  to  be  in  favor  of 
the  bill,  ultimately,  are  willing  to  let  it  go  on  to  its 
perfect  state,  to  take  time  to  examine  it  themselves, 
and  to  hear  what  can  be  said  for  it;  knowing  that, 
after  all,  they  have  sufficient  opportunities  of  giving 
it  their  veto.  Its  two  last  stages,  therefore,  are 
reserved  for  this,  that  is  to  say,  on  the  question. 
Whether  it  shall  be  engrossed  and  read  a  third  time? 
and,  lastly,  Whether  it  shall  pass  ?  Tlie  first  of  these 
is  usually  the  most  interesting  contest;  because 
then  the  whole  subject  is  new  and  engaging,  and  the 
minds  of  the  members  having  not  yet  been  declared 
by  any  trying  vote,  the  issue  is  the  more  doubtful. 
In  this  stage,  therefore,  is  the  main  trial  of  strength 
between  its  friends  and  opponents;  and  it  behooves 
every  one  to  make  up  his  mind  decisively  for  this 
question,  or  he  loses  the  main  battle;  and  accident 
and  management  may,  and  often  do,  prevent  a 
successful  rallying  on  the  next  and  last  question. 
Whether  it  shall  pass? 

When  the  bill  is  engrossed,  the  title  is  to  be  en- 
dorsed on  the  back,  and  not  within  the  bill. — Hakem. 

Parliamentary  Manual  387 



Where  papers  are  laid  before  the  House,  or 
referred  to  a  committee,  every  member  has  a  right 
to  have  them  once  read  at  the  table,  before  he  can 
be  compelled  to  vote  on  them.  But  it  is  a  great, 
though  common  error,  to  suppose  that  he  has  a 
right,  toties  quoties,  to  have  acts,  journals,  accounts, 
or  papers,  on  the  table,  read  independently  of  the 
will  of  the  House.  The  delay  and  interruption 
which  this  might  be  made  to  produce,  evince  the 
impossibility  of  the  existence  of  such  a  right.  There 
is  indeed  so  manifest  a  propriety  of  permitting  every 
member  to  have  as  much  information  as  possible 
on  every  question  on  which  he  is  to  vote,  that  when 
he  desires  the  reading,  if  it  be  seen  that  it  is  really 
for  information,  and  not  for  delay,  the  Speaker 
directs  it  to  be  read  without  putting  a  question,  if 
no  one  objects.  But  if  objected  to,  a  question 
must  be  put. — 2  Hats.  117,  118. 

It  is  equally  an  error  to  suppose,  that  any  member 
has  a  right,  without  a  question  put,  to  lay  a  book  or 
paper  on  the  table,  and  have  it  read,  on  suggesting 
that  it  contains  matter  infringing  on  the  privileges 
of  the  House. — 2  Hats.  117,  118. 

For  the  same  reason,  a  member  has  not  a  right  to 
read  a  paper  in  his  place,  if  it  be  objected  to,  with- 
out leave  of  the  House.  But  this  rigor  is  never 
exercised  but  where  there  is  an  intentional  or 
gross  abuse  of  the  time  and  patience  of  the  House. 

A  member  has  not  a  right  even  to  read  his  own 
speech,  committed  to  writing,  without  leave.     Thisi 
also  is  to  prevent  an  abuse  of  time;  and  therefore  i 
not  refused,  but  where  that  is  intended. — 2  Grey,  227. 

A  report  of  a  committee  of  the  Senate  on  a  bill  | 
from  the  House  of  Representatives  being  luideTi 
consideration,  on  motion  that  the  report  of  the  | 
committee  of  the  House  of  Representatives  on  the! 
same  bill  be  read  in  the  Senate,  it  passed  in  theJ 
negative. — Feb.  28,   1793. 

Formerly,  when  papers  were  referred  to  a  com- 
mittee, they  used  to  be  first  read;  but  of  late,  only~ 
the  titles;  unless  a  member  insists  they  shall  b& 
read,  and  then  nobody  can  oppose  it. — 2  Hats.  117. 



While  a  question  is  before  the  Senate,  no  motion  shall  be  received 
unless  for  an  amendment,  (or  the  previous  question,  or  for  postponin£ 
the  main  question,  or  to  commit  it,  or  to  adjourn. — Rvit  S. 

It  is  no  possession  of  a  bill,  unless  it  be  delivered 
to  the  clerk  to  be  read,  or  the  Speaker  reads  the 
title. — Lex.  Pari,  274;  Elsynge,  Mem.  85 ;  Ord.  House 
Commons,  64. 

It  is  a  general  rule,  that  the  question  first  movaij 
and  seconded  shall  be  first  put. — Scob.   28,   22; 
Hats.   81.     But  this  rule  gives  way  to  what  md 
be  called  privileged   questions;  and   the   privile) 
questions  are  of  different  grades  among  themselvd 

Parliamentary  Manual  389 

A  motion  to  adjourn,  simply  takes  place  of  all 
others ;  for  otherwise  the  House  might  be  kept  sitting 
against  its  will,  and  indefinitely.  Yet  this  motion 
cannot  be  received  after  another  question  is  actually 
put,  and  while  the  House  is  engaged  in  voting. 

Orders  of  the  day  take  place  of  all  other  questions, 
except  for  adjournment.  That  is  to  say,  the  ques- 
tion which  is  the  subject  of  an  order,  is  made  a 
privileged  one,  pro  hoc  vice.  The  order  is  a  repeal 
of  the  general  rule  as  to  this  special  case.  When 
any  member  moves,  therefore,  for  the  orders  of  the 
day  to  be  read,  no  further  debate  is  permitted  on 
the  question  which  was  before  the  House;  for  if 
the  debate  might  proceed,  it  might  continue  through 
the  day,  and  defeat  the  order.  This  motion,  to 
entitle  it  to  precedence,  must  be  for  the  orders  gen- 
erally, and  not  for  any  particular  one;  and  if  it  be 
carried  on  the  question,  "Whether  the  House  will 
now  proceed  to  the  orders  of  the  day?"  they  must 
be  read  and  proceeded  on  in  the  course  in  which 
they  stand. — 2  Hats.  83.  For  priority  of  order 
gives  priority  of  right,  which  cannot  be  taken  away 
but  by  another  special  order. 

After  these  there  are  other  privileged  questions, 
which  will  require  considerable  explanation. 

It  is  proper  that  every  Parliamentary  assembly 
should  have  certain  forms  of  questions,  so  adapted 
as  to  enable  them  fitly  to  dispose  of  every  propo- 
sition which  can  be  made  to  them.  Such  are,  i. 
The  previous  question:  2.  To  postpone  indefinitely: 

39°  Jefferson's  Works 

3.  To  adjourn  to  a  definite  day:  4.  To  lie  on  the 
table:  5.  To  commit:  6.  To  amend.  The  proper 
occasion  for  each  of  these  questions  should  be  under- 

1.  When  a  proposition  is  moved,  which  it  is  use- 
less or  inexpedient  now  to  express  or  discuss,  the 
previous  question  has  been  introduced  for  suppress- 
ing, for  that  time,  the  motion  and  its  discussion. — 
3  Hats.  188,  189. 

2.  But  as  the  previous  question  gets  rid  of  it  only 
for  that  day,  and  the  same  proposition  may  recur 
the  next  day,  if  they  wish  to  suppress  it  for  the 
whole  of  that  session,  they  postpone  it  indefinitely. — 
3  Hats.  183.  This  quashes  the  proposition  for  that 
session,  as  an  indefinite  adjournment  is  a  dissolu- 
tion, or  the  continuance  of  a  suit  sine  die  is  a  discon- 
tinuance of  it. 

3.  When  a  motion  is  made  which  it  will  be  proper 
to  act  on,  but  information  is  wanted,  or  something 
more  pressing  claims  the  present  time,  the  question 
or  debate  is  adjourned  to  such  a  day  within  the 
session  as  will  answer  the  views  of  the  House. — 3 
Hats.  81.  And  those  who  have  spoken  before,  may 
not  speak  again  when  the  adjourned  debate  is 
resumed.— 2  Hats.  73,  Sometimes,  however,  this 
has  been  abusively  used,  by  adjourning  it  to  a  day 
beyond  the  session,  to  get  rid  of  it  altogether,  as 
would  be  done  by  an  indefinite  postponement. 

4.  When  the  House  has  something  else  which 
claims  its  present  attention,  but  would  be  willing 

Parliamentary  Manual  39 1 

to  reserve  in  their  power  to  take  up  a  proposition 
whenever  it  shall  stiit  them,  they  order  it  to  lie  on 
their  table.     It  may  then  be  called  for  at  any  time. 

5.  If  the  proposition  will  want  more  amendment 
and  digestion  than  the  formalities  of  the  House  will 
conveniently  admit,  they  refer  it  to  a  committee. 

6.  But  if  the  proposition  be  well  digested,  and 
may  need  but  few  and  simple  amendments,  and 
especially  if  these  be  of  leading  consequence,  they 
then  proceed  to  consider  and  amend  it  themselves. 

The  Senate,  in  their  practice,  vary  from  this  regu- 
lar gradation  of  forms.  Their  practice,  compara- 
tively with  that  of  Parliament,  stands  thus : 

For  the  Parliamentary,  The  Senate  uses, 

Pbstmt .  indefinite.  — Postmt .  to  a  day  beyond  the  session . 

Adjournment,  — Postmt.  to  a  day  within  the  session. 

_      .  ^.     ^  ^,  ( Postponement  indefinite. 

Laying  on  the  table.  -<  -      .  ^i.    ^  1.1 

•^     **  (  Lajnng  on  the  table. 

In  their  8th  Rule,  therefore,  which  declares,  that 
while  a  question  is  before  the  Senate,  no  motion 
shall  be  received,  unless  it  be  for  the  previous  ques- 
tion, or  to  postpone,  commit  or  amend  the  main 
question,  the  term  postponement  must  be  tmder- 
stood  according  to  their  broad  use  of  it,  and  not  in 
its  Parliamentary  sense.  Their  rule  then  estab- 
lishes as  privileged  questions,  the  previous  question, 
postponement,  commitment,  and  amendment. 

But  it  may  be  asked.  Have  these  questions  any 
privilege  among  themselves?  or  are  they  so  equal 
that  the  common  principle  of  the  "  first  moved,  first 

Jefferson's  Works 

put,"  takes  place  among  them?    This  will  need  ex- 
planation.    Their  competitions  may  be  as  follows: 

.  Prev.  Qu.  and  Postpor 

,   Postpone  a 



rnd  Prtv,  Qu. 

3.  Commit  and  Prev 


n  the  jst,  ad.  and  3d  classes,  and 
the  1st  member  of  the  4th  class, 
the  rule  "first  moved,  first  put," 
takes  plac 

.   Amend   i 

id    Prev.   Qu. 

it     J 


In  the  ist  class,  where  the  previous  question  is  first 
moved,  the  effect  is  peculiar ;  for  it  not  only  prevents 
the  after  motion  to  postpone  or  commit  from  being 
put  to  question  before  it.  but  also  from  being  put 
after  it.  For  if  the  previous  question  be  decided 
affirmatively,  to  wit,  that  the  main  question  shall 
lurw  be  put,  it  would  of  course  be  against  the  decision 
to  postpone  or  commit.  And  if  it  be  decided  nega- 
tively, to  wit,  that  the  main  question  shall  not  now 
be  put,  this  puts  the  House  out  of  possession  of  the 
main  question,  and  consequently  there  is  nothing 
before  them  to  postpone  or  commit.  So  that  neither 
voting  for  nor  against  the  previous  question  will 
enable  the  advocates  for  postponing  or  committing 
to  get  at  their  object.  Whether  it  may  be  amended, 
shall  be  examined  hereafter. 

2d  class. — If  postponement  be  decided  affirma- 
tively, the  proposition  is  removed  from  before  the 
House,  and  consequently  there  is  no  ground  for  the 

Parliamentary  Manual  393 

previotis  question,  commitment,  or  amendment. 
But  if  decided  negatively,  that  it  shall  not  be  post- 
poned, the  main  question  may  then  be  suppressed 
by  the  previous  question,  or  may  be  committed  or 

The  3d  class  is  subject  to  the  same  observations  as 
the  2d. 

The  4th  class. — ^Amendment  of  the  main  question 
first  moved,  and  afterwards  the  previous  question, 
the  question  of  amendment  shall  be  first  put. 

Amendment  and  postponement  competing,  post- 
ponement is  first  put,  as  the  equivalent  proposition  to 
adjourn  the  main  question  would  be  in  Parliament. 
The  reason  is,  that  the  question  for  amendment  is  not 
suppressed  by  postponing  or  adjourning  the  main 
question,  but  remains  before  the  House  whenever 
the  main  question  is  resumed ;  and  it  might  be  that 
the  occasion  for  other  urgent  business  might  go  by, 
and  be  lost  by  length  of  debate  on  the  amendment, 
if  the  House  had  it  not  in  their  power  to  postpone  the 
whole  subject. 

Amendment  and  commitment.  The  question  for 
committing,  though  last  moved,  shall  be  first  put; 
because  in  truth  it  facilitates  and  befriends  the 
motion  to  amend.  Scobell  is  express: — **0n  a 
motion  to  amend  a  bill,  any  one  may,  notwithstand- 
ing, move  to  commit  it,  and  the  question  for  com- 
mitment shall  be  first  put." — Scob.  46. 

We  have  hitherto  considered  the  case  of  two  or 
more  of  the  privileged  questions  contending  for  privi- 

394  Jefferson's  Works 

lege  between  themselves,  when  both  were  moved  on 
the  original  or  main  question;  but  now  let  us  sup- 
pose one  of  them  to  be  moved,  not  on  the  original 
primary  question,  but  on  the  secondary  one,  e.  g. 

Suppose  a  motion  to  postpone,  commit,  or  amend 
the  main  question,  and  that  it  be  moved  to  suppress 
that  motion  by  putting  the  previous  question  on  it. 
This  is  not  allowed,  because  it  would  embarrass  ques- 
tions too  much  to  allow  them  to  be  piled  on  one 
another  several  stories  high;  and  the  same  result 
may  be  had  in  a  more  simple  way,  by  deciding  against 
the  postponement,  commitment,  or  amendment. — 
2  Hats.  8i,  2,  3,  4. 

Suppose  a  motion  for  the  previous  question,  or 
commitment  or  amendment  of  the  main  question, 
and  that  it  be  then  moved  to  postpone  the  motion 
for  the  previous  question,  or  for  commitment  or 
amendment  of  the  main  question:  i.  It  would  be 
absurd  to  postpone  the  previous  question,  commit, 
ment.  or  amendment,  alone,  and  thus  separate  the 
appendage  from  its  principal;  yet  it  must  be  post- 
poned separately  from  the  original,  if  at  all,  because 
the  8th  rule  of  the  Senate  says,  that  when  a  main 
question  is  before  the  House,  no  motion  shall  be 
received  but  to  commit,  amend,  or  pre-question  the 
original  question,  which  is  the  parUamentary  doc- 
trine; therefore,  the  motion  to  postpone  the  secon- 
dary motion  for  the  previous  question,  or  for  com- 
mitting or  amending,  cannot  be  received:  2.  This 
is  a  piling  of  questions  one  on  another,  which,  to 

Parliamentary  Manual  395 

avoid  embarrassment,  is  not  allowed:  3.  The  same 
restilt  may  be  had  more  simply,  by  voting  against 
the  previous  question,  commitment,  or  amendment. 

Suppose  a  commitment  moved,  of  a  motion  for  the 
previous  question,  or  to  postpone,  or  amend. 

The  ist,  2d,  and  3d  reasons  before  stated,  all  hold 
good  against  this. 

Suppose  an  amendment  moved  to  a  motion  for  the 
previous  question  ?  Answer :  The  previous  question 
cannot  be  amended.  Parliamentary  usage,  as  well 
as  the  9th  rule  of  the  Senate,  has  fixed  its  form  to  be, 
"Shall  the  main  question  be  now  put?"  i.  e,,  at  this 
instant.  And  as  the  present  instant  is  but  one,  it 
can  admit  of  no  modification.  To  change  it  to  to- 
morrow, or  any  other  moment,  is  without  example 
and  without  utility.  But  suppose  a  motion  to 
amend  a  motion  for  postponement,  as  to  one  day 
instead  of  another,  or  to  a  special  instead  of  indefi- 
nite time.  The  useful  character  of  amendment  gives 
it  a  privilege  of  attaching  itself  to  a  secondary  privi- 
leged motion.  That  is,  we  may  amend  a  postpone- 
ment of  a  main  question.  So  we  may  amend  a  com- 
mitment of  a  main  question,  as  by  adding,  for  exam- 
ple, "  with  instruction  to  inquire,  *'  &c.  In  like  man- 
ner, if  an  amendment  be  moved  to  an  amendment, 
it  is  admitted.  But  it  would  not  be  admitted  in 
another  degree,  to  wit,  to  amend  an  amendment  to 
an  amendment  of  a  main  question.  This  would  lead 
to  too  much  embarrassment.  The  line  must  be 
drawn  somewhere ;  and  usage  has  drawn  it  after  the 


Jefferson's  Works 


amendment  to  the  amendment.    The  same  result 
must  be  sought  by  deciding  against  the  amendment 
to  the  amendment,  and  then  moving  it  again  as  itd 
was  wished  to  be  amended.     In  this  form  it  becomes| 
only  an  amendment  to  an  amendment. 

In  filling  a  blank  with  a  sum,  the  largest  sum  shaUt 
be  first  put  to  ike  question,  by  the  i8lh  Rule  of  tlu\ 
Senate,  contrary  to  the  rule  of  Parliament,  which 
privileges  the  smallest  sum  and  longest  time. — 5 
Grey,  179;    2  Hats.  8,  83;    3  Hats.  132,  133.     And 
this  is  considered  to  be  not  in  the  form  of  an  amend- 
ment to  the  question,  but  as  alternative  or  successive 
originals.     In  all  cases  of  time  or  number,  we  must 
consider  whether  the  larger  comprehends  the  lesser, 
as  in  a  question  to  what  day  a  postponement  shall 
be,  the  number  of  a  committee,  amount  of  a  fine, 
term  of  an  imprisonment,  term  of  irredeemabih'ty  of 
a  loan,  or  the  terminus  in  qucm  in  any  other  case. 
Then  the  question  must  begin  a  maxima.    Or  whether  J 
the  lesser  includes  the  greater,  as  in  question  on  the 
limitation  of  the  rate  of  interest,  on  what  day  the 
session  shall  be  closed  by  adjournment,  on  what  day 
the  next  shall  commence,  when  an  act  shall  com- 
mence, or  the  terminus  a  quo  in  any  other  case,  where 
the  question  must  begin  o  minima.     The  object  being 
not  to  begin  at  that  extreme,  which,  and  more,  being:a 
within  every  man's  wish,  no  one  could  negative  it,l 
and  yet,  if  we  should  vote  in  the  affirmative,  every  ' 
question  for  more  would  be  precluded;    but  at  that 
extreme  which  would  unite  few,  and  then  to  advance 

Parliamentary  Manual  397 

^^  recede  till  you  get  to  a  number  which  will  tinite  a 

^are  majority. — 3  Grey,  376,  384,  385.     "The  fair 

question  in  this  case  is  not  that  to  which  and  more  all 

vrill  agree,  whether  there  shall  be  addition  to  the 

question." — i  Grey,  365. 

Another  exception  to  the  rule  of  priority  is,  when 
a  motion  has  been  made  to  strike  out  or  agree  to  a 
paragraph.  Motions  to  amend  it  are  to  be  put  to  the 
question,  before  a  vote  is  taken  on  striking  out,  or 
agreeing  to  the  whole  paragraph. 

But  there  are  several  questions,  which,  being  inci- 
dental to  every  one,  will  take  place  of  every  one,  priv- 
ileged or  not;  to  wit,  a  question  of  order  arising  out 
of  any  other  question,  must  be  decided  before  that 
question. — 2  Hats.  88. 

A  matter  of  privilege  arising  out  of  any  question, 
or  from  a  quarrel  between  two  members,  or  any  other 
cause,  supersedes  the  consideration  of  the  original 
question,  and  must  first  be  disposed  of. — 2  Hats.  88. 

Reading  papers  relative  to  the  question  before  the 
House.  This  question  must  be  put  before  the  prin- 
cipal one. — 2  Hats.  88. 

Leave  asked  to  withdraw  a  motion.  The  rule  of 
Parliament  being,  that  a  motion  made  and  seconded 
is  in  possession  of  the  House,  and  cannot  be  with- 
drawn without  leave,  the  very  terms  of  the  rule  imply 
that  leave  may  be  given,  and,  consequently,  may  be 
asked  and  put  to  the  question. 


398  Jefferson's  Works 



When  any  question  is  before  the  House,  any  mem-  ' 
bar  may  move  a  previous  question,  "  Whether  that  , 
question  (called  the  main  question)  shall  now  be  ^ 
put?"  If  it  pass  in  the  affirmative,  then  the  main.^ 
question  is  to  be  put  immediately,  and  no  man  may^ 

speak  anything  further  to  it,  either  to  add  or  alter. 

Memor.  in  Hakew.  28;  4  Grey,  27. 

The  previous  cjuestion  being  moved  and  seconded.  Ihe  question  fi 
the  chair  shall  be,  "Shall  the  main  question  be  now  put  V  and  if  tl^h.  « 
nays  prevail,  the  main  question  shall  not  then  be  put, — Rttie  5. 

This  kind  of  question  is  understood  by  Mr.  Hatse-T/ 
to  have  been  introduced  in  1604. — 2  Hats.  80.     Sir 
Henry  Vane  introduced  it. — 2Grcy,  113.  114;  ^Grey, 
384.     When  the  question  was  put  in  this  form.  "ShaB 
the  main  question  be  put?"  a  determination  in  the 
negative  suppressed  the  main  question  during  the 
session;   but  since  the  words  "now  put"  are  used, 
they  exclude  it  for  the  present  only.     Formerly,  , 
indeed,  only  till  the  present  debate  was  over;  4  Grey,  J 
43 ;  but  now  for  that  day  and  no  longer. — 2  Grey,  113,  J^ 

Before  the  question,  "  Whether  the  main  ques 
shall  now  be  put?"  any  person  might  formerly  hail 
spoken  to  the  main  question,  becaiase  otherwise  j 
would  be  precluded  from  speaking  to  it  at  all. — M% 
in  Hakew.  28. 

Parliamentary  Manual  399 

The  proper  occasion  for  the  previous  question  is, 
^When  a  subject  is  brought  forward  of  a  delicate  nature 
as  to  high  personages,  etc.,  or  the  discussion  of  which 
may  call  forth  observations  which  might  be  of  inju- 
rious consequences.  Then  the  previous  question  is 
proposed,  and,  in  the  modem  usage,  the  discussion 
of  the  main  question  is  suspended,  and  the  debate 
confined  to  the  previous  question.  The  use  of  it  has 
been  extended  abusively  to  other  cases ;  but  in  these, 
it  is  an  embarrassing  procedure :  its  uses  would  be  as 
well  answered  by  other  more  simple  Parliamentary 
forms,  and  therefore  it  should  not  be  favored,  but 
restricted  within  as  narrow  limits  as  possible. 

Whether  a  main  question  may  be  amended  after 
the  previous  question  on  it  has  been  moved  and 
seconded?  2  Hatsell,  88,  says,  If  the  previous  ques- 
tion had  been  moved  and  seconded,  and  also  pro- 
posed from  the  chair,  (by  which  he  means,  stated  by 
the  Speaker  for  debate,)  it  has  been  doubted  whether 
an  amendment  can  be  admitted  to  the  main  question. 
He  thinks  it  may,  after  the  previous  question  moved 
and  seconded;  but  not  after  it  has  been  proposed 
from  the  chair. 

In  this  case  he  thinks  the  friends  to  the  amend- 
ment must  vote  that  the  main  question  be  not  now 
put,  and  then  move  their  amended  question,  which 
being  made  new  by  the  amendment,  is  no  longer  the 
same  which  has  been  just  suppressed,  and  therefore 
may  be  proposed  as  a  new  one.  But  this  proceeding 
certainly  endangers  the  main  question,  by  dividing 

400  Jefferson's  Works 

its  friends,  some  of  whom  may  choose  it  imamended, 
rather  than  lose  it  altogether;  while  others  of  them 
may  vote,  as  Hatsell  advises,  that  the  main  question 
be  not  now  put,  with  a  view  to  move  it  again  in  an 
amended  form.  The  enemies  of  the  main  question 
by  this  manoeuvre  to  the  previous  question,  get  the 
enemies  to  the  amendment  added  to  them  on  the  first 
vote,  and  throw  the  friends  of  the  main  question 
under  the  embarrassment  of  rallying  again  as  they 
can.  To  support  his  opinion,  too,  he  makes  the 
deciding  circumstance,  whether  an  amendment  may 
or  may  not  be  made,  to  be,  that  the  previous  ques- 
tion has  been  proposed  from  the  chair.  But  as  the 
rule  is,  that  the  House  is  in  possession  of  a  question 
as  soon  as  it  is  moved  and  seconded,  it  cannot  be 
more  than  possessed  of  it  by  its  being  also  proposed 
from  the  chair.  It  may  be  said,  indeed,  that  the 
object  of  the  previous  question  being  to  get  rid  of  a 
question,  which  it  is  not  expedient  should  be  dis- 
cussed, this  object  may  be  defeated  by  moving  to 
amend,  and,  in  the  discussion  of  that  motion,  involv- 
ing the  subject  of  the  main  question.  But  so  may 
the  object  of  the  previous  question  be  defeated  by 
moving  the  amended  question,  as  Mr.  Hatsell  pro- 
poses, after  the  decision  against  putting  the  original 
question.  He  acknowledges,  too,  that  the  practice 
has  been  to  admit  previous  amendment,  and  only 
cites  a  few  late  instances  to  the  contrary.  On  the 
whole,  I  should  think  it  best  to  decide  it  a6  incon- 
venienti;  to  wit,  Which  is  most  inconvenient,  to  put 

Parliamentary  Manual  401 

it  in  the  pcwer  of  one  side  of  the  House  to  defeat  a 
proposition  by  hastily  moving  the  previous  ques- 
tion and  thus  forcing  the  main  question  to  be  put 
amended  ?  or  to  put  it  in  the  power  of  the  other  side 
to  force  on,  incidentally  at  least,  a  discussion  which 
would  be  better  avoided  ?     Perhaps  the  last  is  the 
least  inconvenience;  inasmuch  as  the  Speaker,  by 
confining  the  discussion  rigorously  to  the  amend- 
ment only,  may  prevent  their  going  into  the  main 
question;  and  inasmuch  also,  as  so  great  a  propor- 
tion of  the  cases,  in  which  the  previous  question  is 
called  for,  are  fair  and  proper  subjects  of  public 
discussion,  and  ought  not  to  be  obstructed  by  a 
formality  introduced   for  questions  of  a  peculiar 



On  an  amendment  being  moved,  a  member  who 
has  spoken  to  the  main  question  may  speak  again  to 
the  amendment. — Scob.  23. 

If  an  amendment  be  proposed  inconsistent  with 
one  already  agreed  to,  it  is  a  fit  groxmd  for  its  rejec- 
tion by  the  House ;  but  not  within  the  competence  of 
the  Speaker  to  suppress,  as  if  it  were  against  order. 
For,  were  he  permitted  to  draw  questions  of  consist- 
ence within  the  vortex  of  order,  he  might  usurp  a 
negative  on  important  modifications,  and  suppress 
instead  of  subserving  the  legislative  will. 

VOL.  II — 26 

402  Jefferson's  Works 

Amendments  may  be  made  so  as  totally  to  alter 
the  nature  of  the  proposition ;  and  it  is  a  way  of  get- 
ting rid  of  a  proposition,  by  making  it  bear  a  sense 
different  from  what  was  intended  by  the  movers,  so 
that  they  vote  against  it  themselves. — 2  Hats.  79; 
4,  82,  84.  A  new  bill  may  be  ingrafted,  by  way  of 
amendment,  on  the  words,  "  Be  it  enacted,'*  &c.— 
I  Grey,  190,  192. 

If  it  be  proposed  to  amend  by  leaving  out  certain 
words,  it  may  be  moved  as  an  amendment  to  this 
amendment,  to  leave  out  a  part  of  the  words  of  the 
amendment,  which  is  equivalent  to  leaving  them  in 
the  bill. — 2  Hats.  80,  9.  The  ParUamentary  question 
is  always.  Whether  the  words  shall  stand  part  of  the 

When  it  is  proposed  to  amend  by  inserting  a  para- 
graph, or  part  of  one,  the  friends  of  the  paragraph 
may  make  it  as  perfect  as  they  can,  by  amendments, 
before  the  question  is  put  for  inserting  it.  If  it  be 
received,  it  cannot  be  amended  afterwards,  in  the 
same  stage,  because  the  House  has,  on  a  vote,  agreed 
to  it  in  that  form.  In  Hke  manner,  if  it  is  proposed 
to  amend  by  striking  out  a  paragraph,  the  friends  of 
the  paragraph  are  first  to  make  it  as  perfect  as  they 
can  by  amendments,  before  the  question  is  put  for 
striking  it  out.  If,  on  the  question,  it  be  retained,  it 
cannot  be  amended  afterwards;  because  a  vote 
against  striking  out  is  equivalent  to  a  vote  agreeing 
to  it  in  that  form. 

When  it  is  moved  to  amend,  by  striking  out  certain 

Parliamentary  Manual  403 

words  and  inserting  others,  the  manner  of  stating  the 
question  is,  first  to  read  the  whole  passage  to  be 
amended,  as  it  stands  at  present ;  then  the  words  pro- 
posed to  be  struck  out;  next  those  to  be  inserted; 
and  lastly,  the  whole  passage,  as  it  will  be  when 
amended.  And  the  question,  if  desired,  is  then  to 
be  divided,  and  put  first  on  striking  out.  If  carried, 
it  is  next  on  inserting  the  words  proposed.  If  that 
be  lost,  it  may  be  moved  to  insert  others. — 2  Hats. 
80,  7. 

A  motion  is  made  to  amend  by  striking  out  certain 
words,  and  inserting  others  in  their  place,  which  is 
negatived.  Then  it  is  moved  to  strike  out  the  same 
words,  and  to  insert  others  of  a  tenor  entirely  differ- 
ent from  those  first  proposed.  It  is  negatived.  Then 
it  is  moved  to  strike  out  the  same  words  and  insert 
nothing,  which  is  agreed  to.  All  this  is  admissible; 
because  to  strike  out  and  insert  A,  is  one  proposition. 
To  strike  out  and  insert  B,  is  a  different  proposition. 
And  to  strike  out  and  insert  nothing  is  still  differ- 
ent. And  the  rejection  of  one  proposition  does  not 
preclude  the  offering  a  different  one.  Nor  would  it 
change  the  case  were  the  first  motion  divided  by  put- 
ting the  question  first  on  striking  out,  and  that  nega- 
tived. For  as  putting  the  whole  motion  to  the  ques- 
tion at  once  would  not  have  precluded,  the  putting 
the  half  of  it  cannot  do  it.' 

^  In  a  case  of  division  of  the  question,  and  a  decision  against  striking 
out,  I  advance,  doubtingly,  the  opinion  here  expressed.  I  find  no 
authority  either  way;  and  I  know  it  may  be  viewed  under  a  different 


Jefferson's  Works 

But  if  it  had  been  carried  affirmatively  to  strike 
out  the  words  and  to  insert  A,  it  could  not  afterwards 
be  permitted  to  strike  out  A  and  insert  B.  The 
mover  of  B  should  have  notified,  while  the  insertion  ' 
of  A  was  under  debate,  that  he  would  move  to  insert 
B.  In  whicli  case,  those  who  preferred  it  would  jan 
in  rejecting  A. 

After  A  is  inserted,  however,  it  may  be  moved  to 
strike  out  a  portion  of  the  original  paragraph,  com- 
prehending A,  provided  the  coherence  to  be  struck 
out  be  so  substantial  as  to  make  this  effectively  a  dif- 
ferent proposition.  For  then  it  is  resolved  into  the 
common  case  of  striking  out  a  paragraph  after 
amending  it.  Nor  does  anything  forbid  a  new  insff- 
tion,  instead  of  A  and  its  coherence. 

In  Senate,  January  25,  1798,  a  motion  to  postpone, 
until  the  second  Tuesday  in  February',  some  amend- 
ments proposed  to  the  Constitution.  The  words, 
" until  the  second  Tuesday  in  February,"  were  struck 
out  by  way  of  amendment.  Then  it  was  moved  to 
add,  "  imtil  the  first  day  of  June."  Objected,  that  it 
was  not  in  order,  as  the  question  should  first  be  put 
on  the  longest  time ;  therefore,  a  shorter  time  decided 
against,  a  longer  cannot  be  put  to  question.  It  was 
answered,  that  this  rule  taies  place  only  in  filling 

aspect.  It  may  be  thought,  that  having  decided  separaldy  not  to 
strike  out  the  passage,  the  same  question  for  strikinE  out  cannot  be  put 
over  again,  though  with  a  view  to  a  different  insertion.  Still  I  thick 
it  more  reasonable  and  convenient  to  consider  the  striking  out  and 
insertion  as  forming  oni-  proposition;  but  should  readily  yield  to  aaj 
cadence  that  the  contrary  is  the  practice  in  Parliament. 

Parliamentary  Manual  405 

blanks  for  time.  But  when  a  specific  time  stands 
part  of  a  motion,  that  may  be  struck  out  as  well  as 
any  other  part  of  the  motion ;  and  when  struck  out, 
a  motion  may  be  received  to  insert  any  other.  In 
fact,  it  is  not  till  they  are  struck  out,  and  a  blank  for 
the  time  thereby  produced,  that  the  rule  can  begin  to 
operate,  by  receiving  all  the  propositions  for  different 
times,  and  putting  the  questions  successively  on  the 
longest.  Otherwise,  it  would  be  in  the  power  of  the 
mover,  by  inserting  originally  a  short  time,  to  pre- 
clude the  possibility  of  a  longer.  For,  till  the  short 
time  is  struck  out,  you  cannot  insert  a  longer;  and 
if,  after  it  is  struck  out,  you  cannot  do  it,  then  it  can- 
not be  done  at  all.  Suppose  the  first  motion  has  been 
to  amend  by  striking  out  "the  second  Tuesday  in 
February,"  and  inserting,  instead  thereof,  "the  first 
of  June."  It  would  have  been  regular  then  to  divide 
the  question,  by  proposing  first  the  question  to  strike 
out  and  then  that  to  insert.  Now,  this  is  precisely 
the  effect  of  the  present  proceeding ;  only,  instead  of 
one  motion  and  two  questions,  there  are  two  motions 
and  two  questions  to  effect  it;  the  motion  being 
divided  as  well  as  the  question. 

When  the  matter  contained  in  two  bills  might  be 
better  put  into  one,  the  manner  is  to  reject  the  one, 
and  incorporate  its  matter  into  another  bill  by  way 
of  amendment.  So,  if  the  matter  of  one  bill  would 
be  better  distributed  into  two,  any  part  may  be 
struck  out  by  way  of  amendment,  and  put  into  a  new 
bill.     If  a  section  is  to  be  transposed,  a  question  must 

4o6  Jefferson's  Works 

be  put  on  striking  it  out  where  it  stands,  and  another 
for  inserting  it  in  the  place  desired. 

A  bill  passed  by  the  one  House,  with  blanks. 
These  may  be  filled  up  by  the  other,  by  way  of 
amendments,  returned  to  the  first,  as  such,  and 
passed. — 3  Hats.   83. 

The  number  prefixed  to  the  section  of  a  bill  being 
merely  a  marginal  indication,  and  no  part  of  the  text 
of  the  bill,  the  clerk  regulates  that;  the  House  or 
committee  is  only  to  amend  the  text, 



If  a  question  contain  more  parts  than  one,  it  may 
be  divided  into  two  or  more  questions. — Mem.  in 
Hakew.  29.  But  not  as  the  right  of  an  individual 
member,  but  with  the  consent  of  the  House.  For 
who  is  to  decide  whether  a  question  is  complicated 
or  not?  where  it  is  comphcated?  into  how  many 
propositions  it  may  be  divided?  The  fact  is,  that 
the  only  mode  of  separating  a  complicated  question 
is  by  moving  amendments  to  it ;  and  these  must  be 
decided  by  the  House  on  a  question,  unless  the  House 
orders  it  to  be  divided:  as  on  the  question,  Dec  2. 
1640,  making  void  the  election  of  the  Knights  of 
Worcester,  on  a  motion  it  was  resolved  to  make  two 
questions  of  it,  to  wit,  one  on  each  Knight. — 3  Hois. 
85,  86.  So,  wherever  there  are  several  names  in  a 
question,  they  may  be  divided,  and  put  one  by  one.— 

Parliamentary  Manual  407 

9  Greyy  444.  So,  1729,  April  17,  on  an  objection  that 
a  question  was  complicated,  it  was  separated  by 
amendment. — 2  Hais.  79.  5. 

The  soundness  of  these  observations  will  be  evident  from  the  embar- 
rassments produced  by  the  loth  rule  of  the  Senate,  which  says,  "If 
the  question  in  debate  contain  several  points,  any  member  may  have 
the  same  divided. 

1798,  May  30,  the  alien  bill  in  quasi-committee. 
To  a  section  and  proviso  in  the  original,  had  been 
added  two  new  provisos  by  way  of  amendment.  On 
a  motion  to  strike  out  the  section  as  amended,  the 
question  was  desired  to  be  divided.  To  do  this,  it 
must  be  put  first  on  striking  out  either  the  former 
proviso,  or  some  distinct  member  of  the  section. 
But  when  nothing  remains  but  the  last  member  of 
the  section,  and  the  provisos,  they  cannot  be  divided 
so  as  to  put  the  last  member  to  question  by  itself; 
for  the  provisos  might  thus  be  left  standing  alone  as 
exceptions  to  a  rule  when  the  rule  is  taken  away :  or 
the  new  provisos  might  be  left  to  a  second  question, 
after  having  been  decided  on  once  before  at  the  same 
reading;  which  is  contrary  to  rule.  But  the  question 
must  be  on  striking  out  the  last  member  of  the  section 
as  amended.  This  sweeps  away  the  exceptions  with 
the  rule,  and  relieves  from  inconsistence.  A  question 
to  be  divisible,  must  comprehend  points  so  distinct 
and  entire,  that  one  of  them  being  taken  away,  the 
other  may  stand  entire.  But  a  proviso  or  exception, 
with  an  enacting  clause,  does  not  contain  an  entire 
point  or  proposition. 

Jefferson's  Works  ^ 

May  31.  The  same  bill  being  before  the  Senate. 
There  was  a  proviso,  that  the  bill  should  not  extend. 
I.  To  any  foreign  minister;  nor,  2.  To  any  person 
to  whom  the  President  should  give  a  passjrart;  nor, 
3.  To  any  alien  merchant,  conforming  himself  to 
such  regulations  as  the  President  shall  prescribe; 
and  division  of  the  question  into  its  simplest  ele- 
ments was  called  for.  It  was  divided  into  four 
parts,  the  fourth  taking  in  the  words  "conforming 
himself,"  etc.  It  was  objected,  that  the  words 
"any  alien  merchant"  could  not  be  separated  from 
their  modifying  words  "conforming,"  etc.,  because 
these  words,  if  left  by  themselves,  contain  no  sub- 
stantive idea,  will  make  no  sense.  But  admitting 
that  the  divisions  of  a  paragraph  into  separate 
questions  must  be  so  made  as  that  each  part  may 
stand  by  itself,  yet  the  House  having,  on  the  ques-' 
tion,  retained  the  first  two  divisions,  the  words 
"any  alien  merchant"  may  be  struck  out,  and  their 
modifying  words  will  then  attach  themselves  to 
the  preceding  description  of  persons,  and  become  a 
modification  of  that  description. 

When  a  question  is  divided,  after  the  question  on 
the  first  member,  the  second  is  open  to  debate  and 
amendment:  because  it  is  a  known  rule,  that  a 
person  may  rise  and  speak  at  any  time  before  the 
question  has  been  completely  decided  by  putting 
the  negative,  as  well  as  the  afBrmative  side.  But 
the  question  is  not  completely  put  when  the  vote 
has  been  taken  on  the  first  member  only.     One  half 

Parliamentary  Manual  409 

of  the  question,  both  affirmative  and  negative,  still 
remains  to  be  put. — See  Executive  Journ,,  Jtme  25, 
1795.     The  same  decision  by  President  Adams. 



It  may  be  asked  whether  the  House  can  be  in  pos- 
session of  two  motions  or  propositions  at  the  same 
time  ?  So  that,  one  of  them  being  decided,  the  other 
goes  to  question  without  being  moved  anew?  The 
answer  must  be  special.  When  a  question  is  inter- 
rupted by  a  vote  of  adjournment,  it  is  thereby  re- 
moved from  before  the  House ;  and  does  not  stand 
ipso  facto  before  them  at  their  next  meeting,  but 
must  come  forward  in  the  usual  way:  so,  when  it  is 
•  interrupted  by  the  order  of  the  day.  Such  other 
privileged  questions  also  as  dispose  of  the  main  ques- 
tion {e.  g.  the  previous  question,  the  postponement, 
or  commitment)  remove  it  from  before  the  House. 
But  it  is  only  suspended  by  a  motion  to  amend,  to 
withdraw,  to  read  papers,  or  by  a  question  of  order 
or  privilege,  and  stands  again  before  the  House  when 
these  are  decided.  None  but  the  class  of  privileged 
questions  can  be  brought  forward  while  there  is 
another  question  before  the  House;  the  rule  being, 
that  when  a  motion  has  been  made  and  seconded  no 
other  can  be  received  except  it  be  a  privileged  one. 

4IO  Jefferson's  Works 



If,  on  a  question  for  rejection,  a  bill  be  retained, 
it  passes  of  course  to  its  next  reading. — Hakew,  141. 
Scob.  42,  and  a  question  for  a  second  reading  deter- 
mined negatively,  is  a  rejection  without  farther  ques- 
tion.— 4  Grey,  149.  And  see  Elsynge's  Mentor.  42, 
in  what  case  questions  are  to  be  taken  for  rejection. 

Where  questions  are  perfectly  equivalent,  so  that 
the  negative  of  the  one  amounts  to  the  affirmative  of 
the  other,  and  leaves  no  other  alternative,  the  deci- 
sion of  the  one  concludes  necessarily  the  other. — 
4  Grey,  157.  Thus  the  negative  of  striking  out 
amoimts  to  the  affirmative  of  agreeing;  and  there- 
fore to  put  a  question  on  agreeing  after  that  on  strik- 
ing out,  would  be  to  put  the  same  question  in  effect 
twice  over.  Not  so  in  questions  of  amendments 
between  the  two  Houses.  A  motion  to  recede  being 
negatived,  does  not  amount  to  a  positive  vote  to 
insist,  because  there  is  another  alternative,  to  wit, 
to  adhere. 

A  bill  originating  in  one  House,  is  passed  by  the 
other  with  an  amendment.  A  motion  in  the  orig- 
inating House,  to  agree  to  the  amendment,  is  nega- 
tived. Do  these  result  from  this  vote  of  disagree- 
ment? or  must  the  question  on  disagreement  be 
expressly  voted?  The  questions  respecting  amend- 
ments from  another  House  are,  ist.  To  agree:  2d. 
Disagree:  3d.  Recede:  4th.  Insist:  5th.  Adhere, 

Parliamentary  Manual  411 

I  St.  To  agree.  f      Either  of  these  concludes  the 

2d.  To  disagree.  1  other  necessarily,  for  the  posi- 
tive of  either  is  exactly  the 
equivalent  of  the  negative  of 
the  other,  and  no  other  alterna- 
tive remains.  On  either  motion, 
amendments  to  the  amendment 
may  be  proposed;  e.  g.  if  it  be 
moved  to  disagree,  those  who 
are  for  the  amendment  have  a 
right  to  propose  amendments, 
and  to  make  it  as  perfect  as  they 
can,  before  the  question  of  dis- 
agreeing is  put. 
3d.  To  recede.  f  You  may  then  either  insist  or 
4th.  To  insist.  <  adhere.  You  may  then  either 
Sth.  To  adhere.      ( recede    or    adhere.     You    may 

then  either  recede  or  insist. 
Consequently,  the  negative  of 
these  is  not  equivalent  to  a 
positive  vote  the  other  way. 
It  does  not  raise  so  necessary 
an  implication  as  may  authorize 
the  secretary  by  inference  to 
enter  another  vote;  for  two 
alternatives  still  remain,  either 
of  which  may  be  adopted  by 
the  House. 

412  Jefferson's  Works 



The  question  is  to  be  put  first  on  the  affirmative, 
and  then  on  the  negative  side. 

After  the  Speaker  has  put  the  affirmative  part  of 
the  question,  any  member  who  has  not  spoken  before 
the  question,  may  rise  and  speak  before  the  n^ative 
be  put.  Because  it  is  no  full  question  till  the  nega- 
tive part  be  put. — Scob.  23;  Hats.  73. 

But  in  small  matters,  and  which  are  of  course,  such 
as  receiving  petitions,  reports,  withdrawing  motions, 
reading  papers,  etc.,  the  Speaker  most  commonly 
supposes  the  consent  of  the  House,  where  no  objec- 
tion is  expressed,  and  does  not  give  them  the  trouble 
of  putting  the  question  formally. — Scob.  22;  2  Hats. 
87.  2.  87;  s  Greyy  129;  9  Grey,  301. 



To  prevent  bills  from  being  passed  by  surprise,  the 
House,  by  a  standing  order,  directs  that  they  shall 
not  be  put  on  their  passage  before  a  fixed  hour, 
naming  one  at  which  the  House  is  commonly  full.— 
Hakew.  153. 

The  usage  of  the  Senate  is.  not  to  put  bills  on  their  passage  till  noon. 

A  bill  reported  and  passed  to  the  third  reading, 
cannot  on  that  day  be  read  the  third  time  and  passed. 

Parliamentary  Manual  413 

Because  this  wotild  be  to  pass  on  two  readings  on  the 
same  day.  At  the  third  reading,  the  clerk  reads  the 
bill,  and  delivers  it  to  the  Speaker,  who  states  the 
title,  that  it  is  the  third  time  of  reading  the  bill,  and 
that  the  question  will  be.  Whether  it  shall  pass? 
Formerly,  the  Speaker,  or  those  who  prepared  a  bill, 
prepared  also  a  breviate  or  summary  statement  of 
its  contents,  which  the  Speaker  read  when  he  declared 
the  state  of  the  bill  at  the  several  readings.  Some- 
times, however,  he  read  the  bill  itself,  especially  on 
its  passage. — Hakew.  136,  137,  153;  Coke,  22,  115. 
Latterly,  instead  of  this,  he,  at  the  third  reading, 
states  the  whole  contents  of  the  bill,  verbatim ;  only 
instead  of  reading  the  formal  parts,  **be  it  enacted," 
etc., he  states  that  "the  preamble  recites  so  and  so; 
the  first  section  enacts,  that,  etc. ;  the  second  section 
enacts,"  etc. 

But  in  the  Senate  of  the  United  States,  both  of  these  formalities  are 
dispensed  with;  the  breviate  presenting  but  an  imperfect  view  of  the 
bill,  and  being  capable  of  being  made  to  present  a  false  one;  and  the 
ftdl  statement  being  a  useless  waste  of  time,  immediately  after  a  full 
reading  by  the  clerk;  and  especially  as  every  member  has  a  printed 
copy  in  his  hand. 

A  bill,  on  the  third  reading,  is  not  to  be  committed 
for  the  matter  or  body  thereof;  but,  to  receive  some 
particular  clause  or  proviso,  it  hath  been  sometimes 
suffered,  but  as  a  thing  very  unusual. — Hakew.  156; 
thus,  27  El.  1584,  a  bill  was  committed  on  the  third 
reading,  having  been  formerly  committed  on  the 
second;  but  it  is  declared  not  usual. — D'Ewes,  137, 

col.  2.  4x4.  col.  2. 

414  Jefferson's  Works 

When  an  essential  provision  has  been  omitted, 
rather  than  erase  the  bill,  and  render  it  suspicious, 
they  add  a  clause  on  a  separate  paper,  engrossed  and 
called  a  rider,  which  is  read,  and  put  to  the  question 
three  times. — Elsynge's  Memorials ^  59;  6  Grey,  335; 
I  Blackst.  183.  For  examples  of  riders,  see  3  Hats. 
121,  122,  124,  126.  Every  one  is  at  liberty  to  bring 
in  a  rider  without  asking  leave. — 10  Grey,  52. 

It  is  laid  down  as  a  general  rule,  that  amendments 
proposed  at  the  second  reading  shall  be  twice  read, 
and  those  proposed  at  the  third  reading  thrice  read ; 
as  also  all  amendments  from  the  other  House. — 
Town.  col.  19,  23,  24,  25,  26,  27,  28. 

It  is  with  great,  and  almost  invincible  reluctance, 
that  amendments  are  admitted  at  this  reading,  which 
occasion  erasures  or  interlineations.  Sometimes  the 
proviso  has  been  cut  off  from  a  bill;  sometimes 
erased. — 9  Grey,  513. 

This  is  the  proper  stage  for  filling  up  blanks;  for 
if  filled  up  before,  and  now  altered  by  erasure,  it 
would  be  peculiarly  unsafe. 

At  this  reading,  the  bill  is  debated  afresh,  and  for 
the  most  part  is  more  spoken  to,  at  this  time,  than 
on  any  of  the  former  readings. — Hakew.  153. 

The  debate  on  the  question.  Whether  it  should  be 
read  a  third  time?  has  discovered  to  its  friends  and 
opponents  the  arguments  on  which  each  side  relies, 
and  which  of  these  appear  to  have  influence  with  the 
House ;  they  have  had  time  to  meet  them  with  new 
arjT^uments,  and  to  put  their  old  ones  into  new  shapes. 

Parliamentary  Manual  415 

The  former  vote  has  tried  the  strength  of  the  first 
opinion,  and  f  timished  grounds  to  estimate  the  issue ; 
and  the  question  now  offered  for  its  passage,  is  the 
last  occasion  which  is  ever  to  be  offered  for  carrying 
or  rejecting  it. 

When  the  debate  is  ended,  the  Speaker,  holding 
the  bill  in  his  hand,  puts  the  question  for  its  passage, 
by  saying,  "  Gentlemen,  all  you  who  are  of  opinion 
that  this  bill  shall  pass,  say  ay;"  and  after  the 
answer  of  ayes,  '*A11  those  of  the  contrary  opinion, 
say  no." — Hakew.  154. 

After  the  bill  has  passed,  there  can  be  no  further 
alteration  of  it  in  any  point. — Hakew.  159. 



The  affirmative  and  negative  of  the  question 
having  been  both  put  and  answered,  the  Speaker 
declares  whether  the  yeas  or  nays  have  it  by  the 
sound,  if  he  be  himself  satisfied,  and  it  stands  as  the 
judgment  of  the  House.  But  if  he  be  not  himself 
satisfied  which  voice  is  the  greater,  or  if,  before  any 
other  member  comes  into  the  House,  or  before  any 
new  motion  is  made,  (for  it  is  too  late  after  that,) 
any  member  shall  rise  and  declare  himself  dissatis- 
fied with  the  Speaker's  decision,  then  the  Speaker 
is  to  divide  the  House. — Scoh.  24;   2  Hats.  140. 

When  the  House  of  Commons  is  divided,  the  one 
party  goes  forth,  and  the  other  remains  in  the  House. 

4i<5  Jefferson^s  Works 

This  has  made  it  important  which  go  forth,  and 
which  remain;  because  the  latter  gain  all  the  indo- 
lent, the  indifferent,  and  inattentive.    Their  general 
rule,  therefore,  is,  that  those  who  give  their  vote  for 
the  preservation  of  the  orders  of  the  House  shall  stay 
in,  and  those  who  are  for  introducing  any  new  mat- 
ter,  or  alteration,  or  proceeding  contrary  to  the  estab- 
lished course,  are  to  go  out.     But  this  rule  is  subject 
to  many  exceptions  and  modifications. — 2  Rush.  p. 
3,  fol.  92;  Scob.  43,  52;  Co.  12,  116;  D'EweSy    505, 
col.  I ;  Mem.  in  Hakew.  25,  29;  as  will  appear  by  the 
following  statement  of  who  go  forth. 

Petition  that  it  be  received* . .  )  a,,  ^ 

Read P^^- 

Lie  on  the  table 

Rejected  after  refusal  to  lie  on 

the  table 

Referred  to  a  committee,  or)  * 

farther  proceeding J  ^^^^ 

Bill,  that  it  be  brought  in ... . 

Read  ist  or  2d  time 

Engrossed  or  read  3d  time . . . 
Proceeding    on    every    other 



To  a  committee  of  the  whole .     Noes. 

To  a  select  committee Ayes. 

Report  of  a  bill  to  lie  on  table    Noes. 

*Noes. — 9  Grays,  365. 



Parliamentary  Manual 



Be  now  read 

Be  taken  into  consideration 
three  months  hence 

Amendments  be  read  a   2d  | 
time J 

Clatise  offered  on  report  of  bill 
be  read  2d  time 

For  receiving  a  clause 

With  amendments  be  en- 

That  a  bill  be  now  read  a  3d 

Receive  a  rider 


Be  printed 

Committees.  That  A  take 
the  chair 

To  agree  to  the  whole  or  any 

^  part  of  report 

That  the  House  do  now  re- 
solve into  a  committee .... 

Speaker.  That  he  now  leave 
the  chair,  after  order  to  go 
into  committee 

That  he  issue  warrant  for  a 
new  visit 

Member.  That  none  be  ab- 
sent without  leave 

Witness.     That  he  be  farther  1 
examined j 

▼OL.  II — 27 

SO  P.  J 


Ayes.     334 

Noes.     398 

Ayes.     259 



Ayes.     344 

Jefferson's  Works 

Previous  questions 

Blanks.  That  they  be  filled 
with  the  largest  sum 

Amendments.  That  words 
stand  part  of 

Lords.  That  their  amend- 
ments be  read  a  2d  time . .  . 

Messenger  be  received 

Orders  of  the  day  to  be  now 
read,  if  before  2  o'clock. . . . 

If  after  2  o'clock 

Adjournment  till  the  next  sit- 
ting day,  if  before  4  o'clock, 

If  after  4  o'clock 

Over  a  sitting  day,  (unless  a 
previous  resolution) 

Over  the  30th  January 

For  sitting  on  Simday,  or  any 
other  day,  not  being  a  sit- 
ting day 





The  one  party  being  gone  forth,  the  Speaker 
names  two  tellers  from  the  affirmative,  and  two 
from  the  negative  side,  who  first  count  those  sitting 
in  the  House,  and  report  the  number  to  the  Speaker. 
Then  they  place  themselves  within  the  door,  two  on 
each  side,  and  count  those  who  went  forth,  as  they 
come  in,  and  report  the  number  to  the  Speaker.— 
Mem.  in  Hakcw.  26. 

A  mistake  in  the  report  of  the  tellers  may  be  recti- 
fied after  the  report  made. — 2  Hats.  145.     Note. 

Parliamentary  Manual  419 

But,  in  both  Houses  of  Congress,  all  those  intricacies  are  avoided. 
«l^e  ayes  first  rise,  and  are  counted,  standing  in  their  places,  by  the 
^Vcsident  or  Speaker.  Then  they  sit,  and  the  noes  rise,  and  are 
Counted  in  like  manner. 

In  Senate,  if  they  be  equally  divided,  the  A^ce-President  announces 
^s  opinion,  which  decides. 

The  Constitution,  however,  has  directed  that  *'the  yeas  and  najrs 
>f  the  members  of  either  House,  on  any  question,  shall,  at  the  desire 
>f  one- fifth  of  those  present,  be  entered  on  the  journal."  And  again, 
-hat  in  all  cases  of  re-considering  a  bill  disapproved  by  the  President, 
ind  returned  with  his  objections,  '*the  votes  of  both  Houses  shall  be 
ietermined  by  the  yeas  and  nays,  and  the  names  of  the  persons  voting 
'Or  and  against  the  bill,  shall  be  entered  on  the  journals  of  each  House 

By  the  nth  rule  of  the  Senate,  when  the  yeas  and  nays  shall  be 
-ailed  for  by  one-fifth  of  the  members  present,  each  member  called 
:tpon  shall,  unless  for  sp>ecial  reasons  he  be  excused  by  the  Senate, 
leclare  openly,  and  without  debate,  his  assent  or  dissent  to  the  ques- 
:ion.  In  taking  the  yeas  and  nays,  and  upon  the  call  of  the  House,  the 
lames  of  the  members  shall  be  taken  alphabetically. 

When  it  is  proposed  to  take  a  vote  by  yeas  and  nays,  the  President 
>r  Speaker  states  that  ''The  question  is  whether,  e.  g.,  the  bill  shall 
;>ass  ?  That  it  is  proposed  that  the  yeas  and  nays  shall  be  entered  on 
;he  journal.  Those,  therefore,  who  desire  it  will  rise.**  If  he  finds 
%nd  declares  that  one-fifth  have  risen,  he  then  states,  that  "those  who 
ire  of  opinion  that  the  bill  shall  pass,  are  to  answer  in  the  affirmative, 
those  of  the  contrary  opinion,  in  the  negative.**  The  clerk  then  calls 
>ver  the  names  alphabetically,  notes  the  yea  or  nay  of  each,  and  gives 
the  list  to  the  President  or  Speaker,  who  declares  the  result.  In 
Senate,  if  there  be  an  equal  division,  the  Secretary  calls  on  the  Vice- 
EVesident,  who  notes  his  affirmative  or  negative,  which  becomes  the 
iecision  of  the  House. 

In  the  House  of  Commons,  every  member  mtist 
§^ve  his  vote  the  one  way  or  the  other. — Scob.  24. 
As  it  is  not  permitted  to  any  one  to  withdraw  who 
IS  in  the  House  when  the  question  is  put,  nor  is  any 
3ne  to  be  told  in  the  division  who  was  not  in  when 
the  question  was  put, — 2  Hats.  140. 

4«o  Jefferson's  Works 

This  last  position  is  always  true  when  the  vote  is 
by  yeas  and  nays ;  where  the  negative  as  well  as  the 
affirmative  of  the  question  is  stated  by  the  President 
at  the  same  time,  and  the  vote  of  both  sides  begins 
and  proceeds  pari  passu.  It  is  true,  also,  when  the 
question  is  put  in  the  usual  way,  if  the  negative  has 
also  been  put.  But  if  it  has  not,  the  member  enter- 
ing, or  any  other  member  may  speak,  and  even  pro- 
pose amendments,  by  which  the  debate  may  be 
opened  again,  and  the  question  greatly  deferred. 
And,  as  some  who  have  answered  ay,  may  have 
been  changed  by  the  new  arguments,  the  affirmative 
must  be  put  over  again.  If,  then,  the  member  enter- 
ing may,  by  speaking  a  few  words,  occasion  a  rqje- 
tition  of  the  question,  it  would  be  useless  to  deny  it 
on  his  simple  call  for  it. 

While  the  House  is  telling,  no  member  may  speak, 
or  move  out  of  his  place;  for,  if  any  mistake  be  sus- 
pected, it  must  be  told  again. — Mem.  in  Hakew.  36; 
2  Hats.  143. 

If  any  difficulty  arises  in  point  of  order,  during 
the  division,  the  Speaker  is  to  decide  peremptorily, 
subject  to  the  future  censure  of  the  House,  if  irr^- 
lar.  He  sometimes  permits  old  experienced  mem- 
bers to  assist  him  with  their  advice,  which  they  do 
sitting  in  their  seats,  covered  to  avoid  the  appear- 
ance of  debate;  but  this  can  only  be  with  the  Speak- 
er's leave,  else  the  division  might  last  several  hours.— 
2  Hats.  143. 

The  voice  of  the  majority  decides.     For  the  Us 

Parliamentary  Manual  421 

majoris  partis  is  the  law  of  all  councils,  elections, 
etc.,  where  not  otherwise  expressly  provided. — 
Hakew.  93.  But  if  the  House  be  equally  divided, 
'* semper  presufnatur  pro  negante:'*  that  is,  the 
former  law  is  not  to  be  changed  but  by  a  majority. — 
Towns,  col.  134. 

But,  in  the  Senate  of  the  United  States,  the  Vice-President  decides, 
when  the  House  is  divided.^-Const.  U,  5.  Art.  I.  Sec.  a. 

When,  from  counting  the  House,  on  a  division,  it 
appears  that  there  is  not  a  quorum,  the  matter  con- 
tinues exactly  in  the  state  in  which  it  was  before  the 
division,  and  must  be  restimed  at  that  point  on  any 
future  day. — 2  Hats.  126. 

1606,  May  I,  on  a  question  whether  a  member 
having  said  Yea,  may  afterwards  sit  and  change  his 
opinion?  a  precedent  was  remembered  by  the 
Speaker,  of  Mr.  Morris,  attorney  of  the  wards,  in 
39  Eliz.y  who  in  like  case  changed  his  opinion. — 
Mem.  in  Hakew.  27. 



After  the  bill  has  passed,  and  not  before,  the  title 
may  be  amended,  and  is  to  be  fixed  by  a  question; 
and  the  bill  is  then  sent  to  the  other  House. 

422  Jefferson's  Works 



When  a  question  has  been  once  made  and  carried  in  the  affirmative 
or  negative,  it  shall  be  in  order  for  any  member  of  the  majority  to  move 
for  the  re-consideration  thereof. — Rule  22. 

1798,  Jan.  A  bill  on  its  second  reading,  being  amended,  and  on  the 
question,  whether  it  shall  be  read  a  third  time  negatived,  was  restored 
by  a  decision  to  re-consider  the  question.  Here  the  votes  of  negative 
and  re-consideration,  like  positive  and  negative  quantities  in  equation, 
destroy  one  another*,  and  are  as  if  they  were  expunged  from  the  jour- 
nals. Consequently  the  bill  is  open  for  amendment,  just  so  far  as  it 
was  the  moment  preceding  the  question  for  the  third  reading.  That  is 
to  say,  all  parts  of  the  bill  arc  open  for  amendment,  except  those  on 
which  votes  have  been  already  taken  in  its  present  stage.  So  also  may 
it  be  re-committed. 

The  rule  permitting  a  re-consideration  of  a  question  affixing  to  it  no 
limitation  of  time  or  circumstance,  it  may  be  asked  whether  there  is 
no  limitation  ?  If,  after  the  vote,  the  paper  on  which  it  has  passed  has 
been  parted  with,  there  can  be  no  re-consideration:  as  if  a  vote  has 
been  for  the  passage  of  a  bill,  and  the  bill  has  been  sent  to  the  other 
House.  But  where  the  paper  remains,  as  on  a  bill  rejected,  when,  or 
under  what  circtunstances,  does  it  cease  to  be  susceptible  of  re-con- 
sideration ?  This  remains  to  be  settled,  unless  a  sense  that  the  right 
of  re-consideration  is  a  right  to  waste  the  time  of  the  House  in  repeated 
agitations  of  the  same  question,  so  that  it  shall  never  know  when  a 
question  is  done  with,  shovdd  induce  them  to  reform  this  anomalous 

In  Parliament,  a  question  once  carried,  cannot  be 
questioned  again,  at  the  same  session;  but  must 
stand  as  the  judgment  of  the  House. — Toivns.  col 
67 ;  Mentor,  in  Hakew.  33.  And  a  bill  once  rejected, 
another  of  the  same  substance  cannot  be  brought 
in  again  the  same  session. — Hakew,  158;  6  Grey,  392. 
But  this  does  not  extend  to  prevent  putting  the 
same  questions  in  different  stages  of  a  bill ;  because 
every  stage  of  a  bill  submits  the  whole  and  every 

Parliamentary  Manual  423 

part  of  it  to  the  opinion  of  the  House,  as  open  for 
amendment,  either  by  insertion  or  omission,  though 
the  same  amendment  has  been  accepted  or  rejected 
in  a  former  stage.  So  in  reports  of  committees, 
e.  g.  report  of  an  address,  the  same  question  is  before 
the  House,  and  open  for  free  discussion. — Towns, 
col.  26;  2  Hats.  98,  100,  loi.  So,  orders  of  the 
House,  or  instructions  to  committees  may  be  dis- 
charged. So  a  bill  begun  in  one  House,  sent  to  the 
other,  and  there  rejected,  may  be  renewed  again  in 
that  other,  passed,  and  sent  back. — lb.  92 ;  3  Hats. 
161.  Or  if,  instead  of  being  rejected,  they  read  it 
once,  and  lay  it  aside,  and  put  it  off  a  month,  they 
may  offer  in  another  to  the  same  effect,  with  the 
same  or  a  different  title. — Hakew.  97,  98. 

Divers  expedients  are  used  to  correct  the  effects  of 
this  rule;  as,  by  passing  an  explanatory  act,  if  any- 
thing has  been  omitted  or  ill-expressed,  3  Hats.  278; 
or  an  act  to  enforce,  and  make  more  effectual  an  act, 
&c.,  or  to  rectify  mistakes  in  an  act,  &c.;  or  a  com- 
mittee on  one  bill  may  be  instructed  to  receive  a 
clause  to  rectify  the  mistakes  of  another.  Thus, 
June  24,  1685,  a  clause  was  inserted  in  a  bill  for  recti- 
fying a  mistake  committed  by  a  clerk  in  engrossing 
a  bill  of  reply. — 2  Hats.  194.  6.  Or  the  session  may 
be  closed  for  one,  two,  three,  or  more  days,  and  a 
new  one  commenced.  But  then  all  matters  depend- 
ing must  be  finished,  or  they  fall,  and  are  to  begin 
de  novo. — 2  Hats.  94,  98.     Or  a  part  of  the  subject 

484  Jefferson's  Works 

may  be  taken  up  by  another  bill,  or  taken  i 
different  way. — 6  Grey,  316. 

And  in  cases  of  the  last  magnitude,  this  rule  has 
not  been  so  strictly  and  verbally  observed  as  to  stop 
indispensable  proceedings  altogether. — 2  Hais.  92. 
98.  Thus,  when  the  address  on  the  preliminaries  of 
peace,  in  1782,  had  been  lost  by  a  majority  of  one; 
on  account  of  the  importance  of  the  question,  and 
smallness  of  the  majority,  the  same  question  in  sub- 
stance, though  with  words  not  in  the  first,  and  which 
might  change  the  opinions  of  some  members,  was 
brought  on  again  and  carried:  as  the  motives  for  it 
were  thought  to  outweigh  the  objections  of  form. — 
2  Hats.  99,  100. 

A  second  bill  may  be  passed,  to  continue  an  act  of 
tiie  same  session ;  or  to  enlarge  the  time  limited  for 
its  execution. — 2  Hats.  95,  98.  This  is  not  in  con- 
tradiction to  the  first  act. 




All  bills  passed  in  the  Senate,  shall  before  they  are  sent  to  the  Hi 
of  Representatives,  be  examined  by  the  committees  respectividy 
brought  in  such  bills,  or  to  whom  the  same  have  been  last  committed 
in  Senate. — Ruie  33. 

A  bill  from  the  other  House  is  sometimes  ordered 
to  lie  on  the  table. — 2  Hats.  97. 

When  bills,  passed  in  one  House  and  sent  to  the 
other,  are  grounded  on  special  facts  requiring  proof. 
it  is  usual,  either  by  message,  or  at  a  conference,  to 

Parliamentary  Manual  4^5 

ask  the  grounds  and  evidence;  and  this  evidence, 
whether  arising  out  of  papers,  or  from  the  examina- 
tion of  witnesses,  is  immediately  commtmicated. — 
3  Hats.  48. 



When  either  House,  e.  g.  the  House  of  Conmions, 
sends  a  bill  to  the  other,  the  other  may  pass  it  with 
amendments.  The  regular  progression  in  this  case 
is,  that  the  Conunons  disagree  to  the  amendment; 
the  Lords  insist  on  it;  the  Commons  insist  on  their 
disagreement;  the  Lords  adhere  to  their  amend- 
ment; the  Commons  adhere  to  their  disagreement. 
The  term  of  insisting  may  be  repeated  as  often  as 
they  choose,  to  keep  the  question  open.  But  the 
first  adherence  by  either  renders  it  necessary  for  the 
other  side  to  recede  or  adhere  also ;  when  the  matter 
is  usually  suffered  to  fall. — 10  Grey,  148.  Latterly, 
however,  there  are  instances  of  their  having  gone  to 
a  second  adherence.  There  must  be  an  absolute 
conclusion  of  the  subject  somewhere,  or  otherwise 
transactions  between  the  Houses  would  be  endless. — 
3  Hats.  268,  270.  The  term  of  insisting,  we  are  told 
by  Sir  John  Trevor,  was  then  [1679]  newly  intro- 
duced into  Parliamentary  usage,  by  the  Lords. — 7 
Grey,  94.  It  was  certainly  a  happy  innovation,  as  it 
multiplies  the  opportimities  of  trying  modifications 
which   may   bring   the   House   to   a   concurrence. 

426  Jefferson's  Works 

Either  House,  however,  is  free  to  pass  over  the  term 
of  insisting,  and  to  adhere  in  the  first  instance. — lo 
Grey,  146.  But  it  is  not  respectful  to  the  other.  In 
the  ordinary  Parliamentary  course,  there  are  two 
free  conferences  at  least  before  adherence. — 10 
Greyy  147. 

Either  House  may  recede  from  its  amendment, 
and  agree  to  the  bill;  or  recede  from  their  disagree- 
ment  to  the  amendment,  and  agree  to  the  same  abso- 
lutely, or  with  an  amendment.  For  here  the  disa- 
greement and  receding  destroy  one  another,  and  the 
subject  stands  as  before  the  disagreement. — Elsynge, 
23»  27;  9  Grey,  476. 

But  the  House  cannot  recede  from  or  insist  on,  its 
own  amendment  with  an  amendment,  for  the  same 
reason  that  it  cannot  send  to  the  other  House  an 
amendment  to  its  own  act  after  it  has  passed  the  act. 
They  may  modify  an  amendment  from  the  other 
House  by  ingrafting  an  amendment  on  it,  because 
they  have  never  assented  to  it;  but  they  cannot 
amend  their  own  amendment,  because  they  have, 
on  the  question,  passed  it  in  that  form;  9  Grey,  353; 
10  Grey,  240.  In  Senate,  March  29,  1798.  Nor 
where  one  House  has  adhered  to  their  amendment, 
and  the  other  agrees  with  an  amendment,  can  the 
first  House  depart  from  the  form  which  they  have 
fixed  by  an  adherence. 

In  the  case  of  a  money  bill,  the  Lords'  proposed 
amendments  become,  by  delay,  confessedly  neces- 
sary.   The  Commons,  however,  refused  them,  as 

Parliamentary  Manual  427 

infringing  on  their  privilege  as  to  money  bills,  but 
they  offered  themselves  to  add  to  the  bill  a  proviso 
to  the  same  effect,  which  had  no  coherence  with  the 
Lords'  amendments,  and  urged,  that  it  was  an  expe- 
dient warranted  by  precedent,  and  not  unparlia- 
mentary in  a  case  become  impracticable,  and  irre- 
mediable in  any  other  way. — 3  Hats.  256,  266,  270, 
271.  But  the  Lords  refused  and  the  bill  was  lost, 
I  Chand.  288.  A  like  case,  i  Chand,  311.  So  the 
Commons  resolve,  that  it  is  unparliamentary  to  strike 
out  at  a  conference  anything  in  a  bill  which  hath 
been  agreed  and  passed  by  both  Houses,  6  Grey,  274; 
I  Chand.  312. 

A  motion  to  amend  an  amendment  from  the  other 
House,  takes  precedence  of  a  motion  to  agree  or 

A  bill  originating  in  one  House,  is  passed  by  the 
other  with  an  amendment. 

The  originating  House  agrees  to  their  amendment 
with  an  amendment.  The  other  may  agree  to  their 
amendment  with  an  amendment;  that  being  only 
in  the  second  and  not  the  third  degree.  For,  as  to 
the  amending  House,  the  first  amendment  with 
which  they  passed  the  bill  is  a  part  of  its  text;  it  is 
the  only  text  they  have  agreed  to.  The  amendment 
to  that  text  by  the  originating  House,  therefore,  is 
only  in  the  first  degree,  and  the  amendment  to  that 
again  by  the  amending  House  is  only  in  the  second, 
to  wit,  an  amendment  to  an  amendment,  and  so  admis- 
sible.    Just  so  when,  on  a  bill  from  the  originating 

House,  the  other,  at  its  second  reading,  makes  j 
amendment;  on  the  third  reading,  this  amendnienfrJ 
is  become  the  text  of  the  bill,  and  if  an  amendments 
to  it  be  moved,  an  amendment  to  that  amendment* 
may  also  be  moved,  as  being  only  in  the  second! 



It  is  on  the  occasion  of  amendments  between  thfffl 
Houses  that  conferences  are  usually  asked;  but] 
they  may  be  asked  in  all  cases  of  difference  of  opinioiM 
between  the  two  Houses  on  matters  dependingj 
between  them.  The  request  of  a  conference,  how-" 
ever,  must  always  be  by  the  House  which  is  possessed 
of  the  papers. — ^Hais.^i;  iGrey,^^^;  4  Hats.  ^.^^. 

Conferences  may  be  either  simple  or  free.     At  a 
conference  simply,  written  reasons  are  prepared  by 
the  House  asking  it,  and  they  are  read  and  delivered 
without  debate,  to  the  managers  of  the  other  House 
at  the  conference ;  but  are  not  then  to  be  answered. 
— 3  Grey,  144.     The  other  House  then,  if  satisfied, 
vote  the  reasons  satisfactory,  or  say  nothing;  if  not 
satisfied,  they  resolve  them  not  satisfactory,  and  ask  1 
a  conference  on  the  subject  of  the  last  conference, , 
where  they  read  and  deliver  in  like  manner  written! 
answers  to  those  reasons. — 3  Grey,   183.     They  are 
meant  chiefly  to  record  the  justification  of  each  Hon: 
to  the  nation  at  large,  and  to  jxjsterity,  and  in  pit 
that  the  miscarriage  of  a  necessary  measure  is  nl 

Parliamentary  Manual  4^9 

imputable  to  them. — 3  Grey,  255.  At  free  confer- 
ences, the  managers  discuss  viva  voce  and  freely,  and 
interchange  propositions  for  such  modifications  as 
may  be  made  in  a  Parliamentary  way,  and  may 
bring  the  sense  of  the  two  Houses  together.  And 
each  party  reports  in  writing  to  their  respective 
Houses  the  substance  of  what  is  said  on  both  sides, 
and  it  is  entered  in  their  journals. — 6  Grey^  220; 
3  Hats.  280.  {yide  Joint  Rules,  1 .)  This  report  cannot 
be  amended  or  altered  as  that  of  a  committee  may 
be. — Journ.  Senate,  May  24,  1796. 

A  conference  may  be  asked,  before  the  House  ask- 
ing it  has  come  to  a  resolution  of  disagreement,  insist- 
ing or  adhering. — 3  Hats.  269,  341.  In  which  case 
the  papers  are  not  left  with  the  other  conferees,  but 
are  brought  back  to  be  the  foundation  of  the  vote  to  be 
given.  And  this  is  the  most  reasonable  and  respect- 
ful proceeding.  For,  as  was  urged  by  the  Lords  on 
a  particular  occasion,  "  it  is  held  vain,  and  below  the 
wisdom  of  Parliament,  to  reason  or  argue  against 
fixed  resolutions,  and  upon  terms  of  impossibility  to 
persuade." — 3  Hats.  226.  So  the  Commons  say  **  an 
adherence  is  never  deUvered  at  a  free  conference, 
which  implies  debate." — 10  Grey,  147.  And  on 
another  occasion,  the  Lords  made  it  an  objection 
that  the  Commons  had  asked  a  free  conference  after 
they  had  made  resolutions  of  adhering.  It  was  then 
affirmed,  however,  on  the  part  of  the  Commons, 
that  nothing  was  more  Parliamentary  than  to  pro- 
ceed with  free  conferences  after  adhering;  3  Hats. 

43°  Jefferson's  Works 

269;  an  we  do  in  fact  see  instances  of  conference  or 
of  free  (  inference,  asked  after  the  resolution  of  dis- 
agreeing — 3  Hats.  251,  253.  260.  286,  291,  316,  349, 
of  insist:  ig,  ib.  280,  296,  299,  319,  322,  355,  of  adher- 
ing, 269,  270,  28.'?,  .100;  and  even  of  a  second  or  final 
adheren*  ind  in  all  cases  of  con- 

ference {  '  disagreement,  &c.,  the 

conferees  ing  it  are  to  leave  the 

papers  ■"  '  the  other;  and  in  one 

case  wh  eceive  them,  they  were 

left  on  t  'ence  chamber.^3  Hats. 

271,  31  y,   146,     The  Commons 

affirm,  1  ;  two  free  conferences  or 

more    bt-iui v.     v.. v..^     ..J     proceeds    to    adhere, 

because,  before  that  time,  the  Houses  have  not  had 
the  full  opportunity  of  making  replies  to  one 
another's  arguments,  and,  to  adhere  so  suddenly  and 
unexpectedly,  excludes  all  possibility  of  offering 
expedients. — 4  Hats.  330. 

After  a  free  conference  the  usage  is  to  proceed 
with  free  conferences,  and  not  to  return  again  to  a 
conference. — 3  Hats.  270;  9  Grey,  229. 

After  a  conference  denied,  a  free  conference  may 
be  asked. — 1  Grey,  45. 

When  a  conference  is  asked,  the  subject  of  it  must 
be  expressed,  or  the  conference  not  agreed  to. — Ord. 
H.  Com.  89;  I  Grey,  425;  7  Grey,  31.  They  are 
sometimes  asked  to  inquire  concerning  an  offence  or 
default  of  a  meml^r  of  the  other  House.  6  Grey,  181 ; 
I  Chand.  304;  or  the  failure  of  the  other  House  to 

Parliamentary  Manual  431 

present  to  the  King  a  bill  passed  by  both  Houses,  8 
Grey,  302;  or  on  information  received,  and  relating 
to  the  safety  of  the  nation,  10  Grey,  711,  or  when  the 
methods  of  Parliament  are  thought  by  the  one 
House  to  have  been  departed  from  by  the  other,  a 
conference  is  asked  to  come  to  a  right  understand- 
ing thereon. — 10  Grey.  148.  So,  when  an  unparlia- 
mentary message  has  been  sent,  instead  of  answer- 
ing it,  they  ask  a  conference. — 3  Grey,  155.  For- 
merly, an  address,  or  articles  of  impeachment,  or  a 
bill  with  amendments,  or  a  vote  of  the  House,  or 
concurrence  in  a  vote,  or  a  message  from  the  King, 
were  sometimes  communicated  by  way  of  confer- 
ence.— 7  Grey,  128,  300,  387;  7  Grey,  80;  8  Grey, 
210,  255;  I  Torbuck's  Deb.  278;  10  Grey,  293; 
I  Chandler,  49,  287.  But  this  is  not  modem 
practice. — 8  Grey,  255. 

A  conference  has  been  asked  after  the  first  read- 
ing of  a  bill.  I  Grey,  194.  This  is  a  singular 
instance.  During  the  time  of  a  conference,  the 
House  can  do  no  business.  As  soon  as  the  oames 
of  the  managers  are  called  over,  and  they  are  gone 
to  the  conference,  the  Speaker  leaves  the  chair,  with- 
out any  question,  and  resumes  it  in  the  return  of  the 
managers.  It  is  the  same  while  the  managers  of  an 
impeachment  are  at  the  House  of  Lords. — 4  Hats. 
47,  209,  288. 

432  Jefferson's  Works 



Messages  between  the  Houses  are  to  be  sent  only 
while  both  Houses  are  sitting. — 3  Hats.  15.  They 
are  received  during  a  debate,  without  adjotuning 
the  debate. — 3  Hats.  22. 

In  Senate,  the  messengers  are  introduced  in  any  state  of  business, 
except — I.  While  a  question  is  putting.  2.  While  the  yeas  and  nays 
are  calling.  3.  While  the  ballots  are  calling.  The  first  case  is  short: 
the  second  and  third  are  cases  where  any  interruption  might  occasion 
errors  difficult  to  be  corrected. — So  arranged,  June  15th,  1798. 

In  the  House  of  Representatives,  as  in  Parliament,  if  the  House  be 
in  a  committee  when  a  messenger  attends,  the  Speaker  takes  the  chair 
to  receive  the  message,  and  then  quits  it  to  return  into  a  committee, 
without  any  question  or  interruption. — 4  Grey,  226. 

Messengers  are  not  saluted  by  the  members,  but 
by  the  Speaker,  for  the  House. — 2  Grey,  253,  274. 

If  messengers  commit  an  error  in  delivering  their 
messages,  they  may  be  admitted,  or  called  in,  to  cor- 
rect their  message. — 4  Grey,  41 .  Accordingly,  March 
13, 1800,  the  Senate  having  made  two  amendments  to 
a  bill  from  the  House  of  Representatives,  their  secre- 
tary, by  mistake,  delivered  one  only;  which  being 
inadmissible  by  itself,  that  House  disagreed,  and 
notified  the  Senate  of  their  disagreement.  This 
produced  a  discovery  of  the  mistake.  The  secre- 
tary was  sent  to  the  other  House  to  correct  his  mis- 
take, the  correction  was  received,  and  the  two 
amendments  acted  on  de  novo. 

As  soon  as  the  messenger,  who  has  brought  bills 

Parliamentary  Manual  433 

from  the  other  House,  has  retired,  the  Speaker  holds 
the  bills  in  his  hand,  and  acquaints  the  House, 
"That  the  other  House  have,  by  their  messenger, 
sent  certain  bills,"  and  then  reads  their  titles,  and 
delivers  them  to  the  clerk  to  be  safely  kept  till  they 
shall  be  called  for  to  be  read. — Hakew.  178. 

It  is  not  the  usage  for  one  House  to  inform  the 
other  by  what  numbers  a  bill  has  passed. — 10  Grey, 
150.  Yet  they  have  sometimes  recommended  a  bill 
as  of  great  importance  to  the  consideration  of  the 
House  to  which  it  is  sent. — 3  Hats.  25.  Nor  when 
they  have  rejected  a  bill  from  the  other  House,  do 
they  give  notice  of  it;  but  it  passes  sub  silentio  to 
prevent  unbecoming  altercation. — i  Black.  133. 

But  in  Congress  the  rejection  is  notified  by  message  to  the  House 
in  which  the  bill  originated. 

A  question  is  never  asked  by  the  one  House  of  the 
other  by  way  of  message,  but  only  at  a  conference; 
for  this  is  an  interrogatory,  not  a  message. — 3  Grey, 

iSif  181. 

When  a  bill  is  sent  by  one  House  to  the  other,  and 
is  neglected,  they  may  send  a  message  to  remind 
them  of  it. — 3  Hats.  25;  5  Grey,  154.  But  if  it  be 
mere  inattention,  it  is  better  to  have  it  done  infor- 
mally, by  communications  between  the  Speakers,  or 
members  of  the  two  Houses. 

Where  the  subject  of  a  message  is  of  a  nature  that 
it  can  properly  be  communicated  to  both  Houses  of 
Parliament,  it  is  expected  that  this  commimication 

VOL.  XX — a  8 

434  Jefferson's  Works 

shotild  be  made  to  both  on  the  same  day.  But 
where  a  message  was  accompanied  with  an  original 
declaration,  signed  by  the  party,  to  which  the  mes- 
sage referred,  its  being  sent  to  one  House  was  not 
noticed  by  the  other,  because  the  declaration,  being 
original,  could  not  possibly  be  sent  to  both  Houses 
at  the  same  time. — 2  Hats.  260,  261,  262. 

The  King  having  sent  original  letters  to  the  Com- 
mons, afterwards  desires  they  may  be  returned, 
that  he  may  communicate  them  to  the  Lords. — i 
Chandler^  303. 



The  House  which  has  received  a  bill,  and  passed 
it,  may  present  it  for  the  King's  assent,  and  ought 
to  do  it,  though  they  have  not  by  message  notified 
to  the  other  their  passage  of  it.  Yet  the  notifying 
by  message  is  a  form  which  ought  to  be  observed 
between  the  two  Houses,  from  motives  of  respect 
and  good  understanding. — 3  Hats.  242.  Were  the 
bill  to  be  withheld  from  being  presented  to  the  King, 
it  would  be  an  infringement  of  the  rules  of  Parlia- 
ment.— 2  Hats.  242. 

When  a  bill  has  passed  both  Houses  of  Congress,  the  House  Isit 
acting  on  it  notifies  its  passage  to  the  other,  and  delivers  the  bill  to 
the  joint  committee  of  enrolment,  who  see  that  it  is  truly  enrolled  in 
parchment.  When  the  bill  is  enrolled,  it  is  not  to  be  written  in  para- 
graphs, but  solidly  and  all  of  a  piece,  that  the  blanks  within  the  para- 
graphs may  not  give  room  for  forgery.-^  Orey,  143.  It  is  then  put 
in  the  hands  of  the  clerk  of  the  House  of  Representatives,  to  have  it 

Parliamentary  Manual  435 

signed  by  the  Speaker.  The  clerk  then  brings  it  by  way  of  message 
to  the  Senate,  to  be  signed  by  their  President.  The  secretary  of  the 
Senate  returns  it  to  the  committee  of  enrolment,  who  present  it  to  the 
President  of  the  United  States.  If  he  approves,  he  signs  and  deposits 
it  among  the  rolls  in  the  office  of  the  Secretary  of  State,  and  notifies 
by  message  the  House  in  which  it  originated,  that  he  has  approved 
and  signed  it;  of  which  that  House  informs  the  other  by  message.  If 
the  President  disapproves,  he  is  to  return  it,  with  his  objections,  to 
the  House  in  which  it  shall  have  originated;  who  are  to  enter  the 
objections  at  large  on  their  journal,  and  proceed  to  reconsider  it.  If, 
after  such  reconsideration,  two-thirds  of  the  House  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  together  with  the  President's  objections,  to 
the  other  House,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  that  House,  it  shall  become  a  law.  If  any 
bill  shall  not  be  returned  by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall  be 
a  law,  in  like  manner  as  if  he  had  signed  it,  unless  the  Congress,  by 
their  adjournment,  prevent  its  return;  in  which  case  it  shall  not  be  a 
law. — Const,  U.  5.,  Art.  I.  Sec.  7. 



Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  the 
Senate  and  the  House  of  Representatives  may  be  necessary,  (except 
on  a  question  of  adjournment,)  shall  be  presented  to  the  President  of 
the  United  States,  and  before  the  same  shall  take  effect,  shall  be 
approved  by  him,  or,  being  disapproved  by  him,  shall  be  re-passed 
by  two-thirds  of  the  Senate  and  House  of  Representatives,  according 
to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. — Const. 
U.  5.,  Art.  I.  Sec.  7. 

Each  House  shall  keep  a  journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  parts  as  may,  in  their  judg- 
ment, reqtiire  secrecy.— Con^/.,  I.  5,  3. 

Every  vote  of  Senate  shall  be  entered  on  the  journal,  and  a  brief 
statement  of  the  contents  of  each  petition,  memorial,  or  paper,  pre- 
sented to  the  Senate,  be  also  inserted  on  the  journal. — Rule  24. 

The  proceedings  of  the  Senate,  when  not  acting  as  in  a  committee 
of  the  House,  shall  be  entered  on  the  jotimals,  as  concisely  as  possible, 
care  being  taken  to  detail  a  true  accotmt  of  the  proceedings. — RuU  26. 

The  titles  of  bills,  and  such  part  thereof  only  as  shall  be  affected  by 
proposed  amendments,  shall  be  inserted  on  the  journals. — RuU  27. 


Jefferson's  Works 

If  a  question  is  interrupted  by  a  vote  to  adjourn, 
or  to  proceed  to  the  orders  of  the  day,  the  original 
question  is  never  printed  in  the  journal,  it  never 
having  been  a  vote,  nor  introductory  to  any  vote; 
but  when  suppressed  by  the  previous  question,  the 
first  question  must  be  stated,  in  order  to  introduce, 
and  make  inteUigible,  the  second. — 2  Hals.  83. 

So  also,  when  a  question  is  postponed,  adjourned, 
or  laid  on  the  table,  the  original  question,  though 
not  yet  a  vote,  must  be  expressed  in  the  journals; 
because  it  makes  part  of  the  vote  of  postponement, 
adjourning,  or  laying  on  the  table. 

Where  amendments  are  made  to  a  question,  those 
amendments  are  not  printed  in  the  journals,  sepa- 
rated from  the  question;  but  only  the  question  as 
finally  agreed  to  by  the  House.  The  rule  of  enter- 
ing in  the  journals  only  what  the  House  has  agreed 
to,  is  founded  in  great  prudence  and  good  sense;  as 
there  may  be  many  questions  proposed  which  it  may 
be  improper  to  pubHsh  to  the  world,  in  the  form  in 
which  they  are  made. — 2  Hois.  85. 

In  both  Houses  of  Congress,  all  questions  whereon  the  yeas  and  na^i 
sre  desired  by  one-fifth  of  the  members  present,  whether  decided 
aflirmatively  or  negatively,  must  be  entered  on  the  jounuls.^-C^wt, 
I    S.  3- 

The  first  order  for  printing  the  votes  of  the  House 
of  Commons,  was  October  30,  1685. —  i  Chandler,  387. 

Some  judges  have  been  of  opinion,  that  the  jour- 
nals of  the  House  of  Commons  are  no  records,  but 
remembrances.     But  this  is  no  law.— C06.  110,  iii; 

Parliamentary  Manual  437 

Lex.  Pari.  114,  115;  Jour.  H.  C.  Mar.  17,  1592;  Hale, 
Pari.  105.  For  the  Lords,  in  their  House,  have 
power  of  judictaure ;  the  Commons,  in  their  House, 
have  power  of  judicature ;  and  both  Houses  together 
have  power  of  judicatiure ;  and  the  book  of  the  clerk 
of  the  House  of  Commons  is  a  record,  as  is  affirmed 
by  act  of  Parliament. — 6  H.  &.  c.  i6\  Inst.  23,  24; 
and  every  member  of  the  House  of  Commons  has  a 
judicial  place. — 4  Inst.  15.  As  records,  they  are 
open  to  every  person;  and  a  printed  vote  of  either 
House  is  sufficient  ground  for  the  other  to  notice  it. 
Either  may  appoint  a  committee  to  inspect  the 
journals  of  the  other,  and  report  what  has  been  done 
by  the  other  in  any  particular  case. — 2  Hats.  261 ;  3 
Hats.  27,  30.  Every  member  has  a  right  to  see  the 
journals,  and  to  take  and  publish  votes  from  them. 
Being  a  record,  every  one  may  see  and  publish 
them. — 6  Grey,  118,  119. 

On  information  of  a  mis-entry  or  omission  of  an 
entry  in  the  journal,  a  committee  may  be  appointed 
to  examine  and  rectify  it,  and  report  it  to  the 
House. — 2  Hats.  194,  5- 



The  two  Houses  of  Parliament  have  the  sole, 
separate,  and  independent  power  of  adjourning, 
each  their  respective  Houses.      The  King  has  no 

438  Jefferson's  Works 

authority  to  adjotim  them ;  he  can  only  signify  his 
desire,  and  it  is  in  the  wisdom  and  prudence  of 
either  House  to  comply  with  his  requisition,  or 
not,  as  they  see  fitting. — 2  Hats.  332;  i  Blackstone, 
186;  5  Grey,  122. 

By  the  Constitution  of  the  United  States,  a  smaller  number  than  a 
majority  may  adjotun  from  day  to  day. — I.  5.  But  neither  House, 
during  the  session  of  Congress,  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  Houses  shall  be  sitting. — I.  5.  The  President  may  on, 
extraordinary  occasions,  convene  both  Houses,  or  either  of  them,  and 
in  case  of  disagreement  between  them,  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he  shall  think 
proper. — Const,  II.  3. 

A  motion  to  adjourn  simply,  cannot  be  amended 
as  by  adding,  "  To  a  particular  day."  But  must  be 
put  simply,  "That  this  House  do  now  adjourn?" 
and  if  carried  in  the  affirmative,  it  is  adjourned  to 
the  next  sitting  day,  unless  it  has  come  to  a  previous 
resolution,  "That  at  its  rising,  it  will  adjourn  to  a 
particular  day,"  and  then  the  House  is  adjourned 
to  that  day. — 2  Hats.  82. 

Where  it  is  convenient  that  the  business  of  the 
House  be  suspended  for  a  short  time,  as  for  a  con- 
ference presently  to  be  held,  &c.,  it  adjourns  during 
pleasure. — 2  Hats.  305.  Or  for  a  quarter  of  an  hour. 
—5  Grey,  331. 

If  a  question  be  put  for  adjournment,  it  is  no 
adjotimment  till  the  Speaker  pronounces  it. — 5  Grey, 
137.  And  from  courtesy  and  respect,  no  member 
leaves  his  place  till  the  Speaker  has  passed  on. 

Parliamentary  Manual  439 



Parliament  have  three  modes  of  separation,  to 
wit,  by  adjotimment,  by  prorogation,  by  dissolution 
by  the  King,  or  by  the  efflux  of  the  term  for  which 
they  were  elected.  Prorogation  or  dissolution  con- 
stitutes there  what  is  called  a  session;  provided 
some  act  has  passed.  In  this  case,  all  matters 
depending  before  them  are  discontinued,  and  at 
their  next  meeting  are  to  be  taken  up  de  novo,  if 
taken  up  at  all. — i  BUickstone,  i86.  Adjournment, 
which  is  by  themselves,  is  no  more  than  a  continu- 
ance of  the  session  from  one  day  to  another,  or  for  a 
fortnight,  a  month,  etc.,  ad  libitum.  All  matters 
depending  remain  in  statu  quo,  and  when  they  meet 
again,  be  the  term  ever  so  distant,  are  resumed  with- 
out any  fresh  commencement,  at  the  point  at  which 
they  were  left. — i  Lev.  165;  Lex.  Pari.  c.  2;  1  Ro. 
Rep.  29;  4  Inst.  7,  27,  28;  Hut.  61;  i  Mod.  152; 
Ruffh.  Jac.  L.  Diet.  Parliaments',  Blackstone,  186. 
Their  whole  session  is  considered  in  law  but  as  one 
day,  and  has  relation  to  the  first  day  thereof. — Bro. 
Abro.  Parliament,  86. 

Committees  may  be  appointed  to  sit  during  a 
recess  by  adjournment,  but  not  by  prorogation. — 
5  Grey,  374;  9  Grey,  350;  i  Chandler,  50.  Neither 
House  can  continue  any  portion  of  itself  in  any  Par- 
liamentary function,  beyond  the  end  of  the  session, 
without  the  consent  of  the  other  two  branches. 

440  Jefferson's  Work^ 

When  done,  it  is  by  a  bill  constituting  them  com- 
missioners for  the  particular  purpose. 

Congress  separate  in  two  ways  only,  to  wit,  by  adjournment  or  dis- 
solution by  the  efflux  of  their  time.     What  then  constitutes  a  session 
with  them  ?     A  dissolution  certainly  closes  one  session,  and  the  meet- 
ing of  the  new  Congress  begins  another.     The  Constitution  authorizes 
the  President,  "On  extraordinary  occasions,  to  convene  both  Houses, 
or  either  of  them." — Art.  I.  Sec.  3.     If  convened  by  the  President's 
proclamation,  this  must  begin  a  new  session,  and  of  course  determine 
the  preceding  one  to  have  been  a  session.     So,  if  it  meets  under  the 
clause  of  the  Constitution,  which  says,  "The  Congress  shall  assemble, 
at  least  once  in  every  year,  and  such  meeting  shall  be  on  the  first  Mon- 
day in  December,  unless  they  shall  by  law  appoint  a  different  day,*' — 
I.  4, — ^this  must  begin  a  new  session.     For  even  if  the  last  adjourn- 
ment was  to  this  day,  the  act  of  adjotamment  is  merged  in  the  higher 
authority  of  the  Constitution,  and  the  meeting  will  be  tmder  that,  and 
not  under  their  adjournment.     So  far  we  have  fixed  landmarks  for 
determining  sessions.     In  other  cases,  it  is  declared  by  the  joint  vote 
authorizing  the  President  of  the  Senate  and  the  Speaker  to  close  the 
session  on  a  fixed  day,  which  is  usually  in  the  following  form,  "Re- 
solved, by  the  Senate  and  House  of  Representatives,  that  the  Presi- 
dent of  the  Senate  and  the  Speaker  of  the  House  of  Representatives, 
be  authorized  to  close  the  present  session,  by  adjotiming  their  respec- 
tive Houses  on  the day  of ." 

When  it  was  said  above,  that  all  matters  depend- 
ing before  Parliament  were  discontinued  by  the 
determination  of  the  session,  it  was  not  meant  for 
judiciary  cases,  depending  before  the  House  of 
Lords,  such  as  impeachments,  appeals,  and  writs  of 
error.  These  stand  continued  of  course  to  the  next 
session. — Raym.  120,  381;  Ruffh.  Jac.  L.  D.  Parlia- 

Impeachments  stand  in  like  manner  continued  before  the  Senate  of 
the  United  States. 

Parliftipi^nUry  M^Qual  44^ 



The  President  of  the  United  States  luts  power,  by  and  with  the 
advice  and  consent  of  the  Senate,  to  make  treaties,  provided  two- 
thirds  of  the  Senators  present  concur. — Const,  U.  5.,  Art.  II.  Sec.  a. 

Resolved,  That  all  confidential  communications,  mafle  by  ^he  Presi- 
dent of  the  United  States  to  the  Senate,  shall  be,  by  the  members 
thereof,  kept  inviolably  secret;  and  that  all  treaties,  which  may  here- 
after be  laid  before  the  Senate,  shall  also  be  kept  secret,  until  the 
Senate  shall,  by  their  resolution,  take  off  the  injunction  pf  sepr^y.-r- 
Dec,  lid,  1804. 

Treaties  are  legislative  acts.  A  treaty  is  a  law  of 
the  land.  It  diflfers  from  other  laws  only  as  it  mtjst 
have  the  consent  of  a  foreign  nation,  being  but  a 
contract  with  respect  to  that  nation.  In  all  coun- 
tries, I  believe,  except  England,  treaties  are  made 
by  the  legislative  power;  and  there,  also,  if  they 
touch  the  laws  of  the  land,  they  must  be  approved 
by  Parliament.  Ware  vs.  Hilton. — 3  Dallas's  Rep. 
199.  It  is  acknowledged,  for  instance,  that  the 
King  of  Great  Britain  cannot,  by  a  treaty,  make  a 
citizen  of  an  alien. — Vattel,  b.  i,  c.  19,  sec.  214.  An 
act  of  Parliament  was  necessary  to  validate  the 
American  treaty  of  1783.  And  abundant  examples 
of  such  acts  can  be  cited.  In  the  case  of  the  treaty 
of  Utrecht,  in  17 12,  the  commercial  articles  required 
the  concurrence  of  Parliament.  But  a  bill  brought 
in  for  that  purpose  was  rejected.  France,  the  other 
contracting  party,  suffered  these  articles,  in  practice, 
to  be  not  insisted  on,  and  adhered  to  the  rest  of  the 

442  Jefferson's  Works 

treaty. — 4    Russell's    Hist.    Mod.    Europe,    457 ;  2 
Smollet,  242,  246. 

By  the  Constitution  of  the  United  States,  this  department  of  legis- 
lation is  confined  to  two  branches  only,  of  the  ordinary  Legislature: 
the  President  originating,  and  Senate  having  a  negati\'e.  To  what 
subject  this  power  extends,  has  not  been  defined  in  detail  by  the  Con- 
stitution; nor  are  we  entirely  agreed  among  ourselves,  i.  It  is  ad- 
mitted that  it  must  concern  the  foreign  nation,  party  to  the  contract, 
or  it  would  be  a  mere  nullity  res  inter  alias  acta,  s.  By  the  general 
power  to  make  treaties,  the  Constitution  must  hav-e  intended  to  com- 
prehend only  those  objects  which  are  usually  regulated  by  treaty,  and 
cannot  be  otherwise  regulated.  3.  It  must  have  meant  to  except  out 
of  these  the  rights  reserved  to  the  States;  for  surely  the  President  and 
Senate  cannot  do  by  treaty  what  the  whole  government  is  Interdicted 
from  doing  in  any  way.  4.  And  also  to  except  those  subjects  of  legis- 
lation in  which  it  gave  a  participation  to  the  House  of  Representatives. 
This  last  exception  is  denied  by  some,  on  the  ground  that  it  would 
leave  very  little  matter  for  the  treaty  power  to  work  on.  The  less  the 
better,  say  others.  The  Constitution  thought  it  wise  to  restrain  the 
Executive  and  Senate  from  entangling  and  embroiling  our  affairs  with 
those  of  Europe.  Besides,  as  the  negotiations  are  carried  on  by  the 
Executive  alone,  the  subjecting  to  the  ratification  of  the  Representa- 
tives such  articles  as  are  within  their  participation,  is  no  more  incon- 
venient than  to  the  Senate.  But  the  ground  of  this  exemption  is 
denied  as  unfounded.  For  examine,  e.  g..  the  treaty  of  commence 
with  France,  and  it  will  be  found  that  out  of  thirty-one  articles,  there 
are  not  more  than  small  portions  of  two  or  three  of  them  which  would 
not  still  remain  as  subjects  of  treaties,  untouched  by  these  exceptions. 

Treaties  being  declared,  equally  with  the  laws  of  the  United  Slates, 
to  be  the  supreme  law  of  the  land,  it  is  understood  that  an  act  of  thi 
Legislature  alone  can  declare  them  infringed  and  rescinded.  This  wm 
accordingly  the  process  adopted  in  the  case  of  France,  1798, 

It  has  been  the  usage  of  the  Executive,  when  ii 
treaty  to  the  Senate  for  their  ratification,  to  communicate  also  thi 
correspondence  of  the  negotiations.  This  having  been  omitted  in 
the  case  of  the  Prussian  treaty,  was  asked  by  a  vote  of  the  House  o( 
February  11,  1800,  and  was  obtained.  And  in  December.  i3oo,  the 
Convention  of  that  vear,  between  the  United  Slates  and  France,  with 

Parliamentary  Manual  443 

the  report  of  the  negotiations  by  the  Envoys,  but  not  their  instruc- 
tions, being  laid  before  the  Senate,  the  instructions  were  asked  for» 
and  communicated  by  the  President. 

The  mode  of  voting  on  questions  of  ratification  is  by  nominal  call. 

Resolved,  as  a  standing  rule,  That  whenever  a  treaty  shall  be  laid 
before  the  Senate  for  ratification,  it  shall  be  read  a  first  time  for  infor- 
mation only;  when  no  motion  to  reject,  ratify,  or  modify  the  whole 
or  any  part,  shall  be  received. 

That  its  second  reading  shall  be  for  consideration;  and  on  a  subse- 
quent day,  when  it  shall  be  taken  up  as  in  a  committee  of  the  whole, 
and  every  one  shall  be  free  to  move  a  question  on  any  particular 
article  in  this  form:   "Will  the  Senate  advise  and  consent  to  the  rati- 
fication of  this  article?"  or  to  propose  amendments  thereto,  either  by 
inserting  or  leaving  out  words,  in  which  last  case  the  question  shall  be, 
"  Shall  the  words  stand  part  of  the  article  ? "     And  in  every  of  the  said 
cases,  the  conctirrence  of  two-thirds  of  the  Senators  present  shall  be 
required  to  decide  affirmatively.     And  when  through  the  whole,  the 
proceedings  shall  be  stated  to  the  House,  and  questions  be  again  sev- 
erally put  thereon  for  confirmation,  or  new  ones  proposed,  requiring 
in  like  manner  a  concurrence  of  two-thirds  for  whatever  is  retained  or 

That  the  votes  so  confirmed  shall,  by  the  House  or  a  committee 
thereof,  be  reduced  into  the  form  of  a  ratification  with  or  without 
modifications,  as  may  have  been  decided,  and  shall  be  proposed  on  a 
subsequent  day,  when  every  one  shall  again  be  free  to  move  amend- 
ments, either  by  inserting  or  leaving  out  words;  in  which  last  case  the 
question  shall  be,  "Shall  the  words  stand  part  of  the  resolution.?" 
And  in  both  cases  the  concurrence  of  two- thirds  shall  be  requisite  to 
carry  the  affirmative;  as  well  as  on  the  final  question  to  advise  and  con- 
sent to  the  ratification  in  the  form  agreed  to. — Rule  of  Jan.  6,  1801. 

Resolved,  That  when  any  question  may  have  been  decided  by  the 
Senate,  in  which  two-thirds  of  the  members  present  are  necessary  to 
carry  the  affirmative,  any  member  who  voted  on  that  side  which  pre- 
vailed in  the  question  may  be  at  liberty  to  move  for  a  reconsideration; 
and  a  motion  for  reconsideration  shall  be  decided  by  a  majority  of 
votes. — Rule  of  Feb.  3,  1801. 

444  Jefferson's  Works 



These  are  the  provisions  of  the  Constitution  of 
the  United  States  on  the  subject  of  impeachments. 
The  following  is  a  sketch  on  some  of  the  principles 
and  practices  of  England  on  the  same  subject. 

The  House  of  Representatives  shall  have  the  sole  power  of  impeach' 
nent.—Consl.  U.  S..  Art.  I.  Sec.  3. 

uneaU.  ^H 
inAtion,  ^^M 

The  Senate  shall  have  the  sole  power  to  try  all  impeachmetiUi 

When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirnwtion. 
When  the  President  of  the  United  Slates  is  tried,  the  Chief  Jvkstic« 
shall  preside;    and  no  person  shall  be  convicted  without  the 
rence  of  two-thirda  of  the  members  present.     Judgment,  in  1 
impeachment,  shall  not  extend  further  than  to  remo^'al  from  of&ottt 
and  disqualification  to  hold  and  enjoy  any  office  of  honor,  trust. 
profit,  under  the  United  States.      But  the  parly  convicted  shall  never — 

theless  be  liable  and  subject  to  indictment,  trial,  judgment,  and  pun 

ishment,  according  to  law. — Const.  U .  S..  Art.  I,  Sec.  3. 

The  President,  Vice-President,  and  all  civil  officers  of  the  Unitev^ 
States,  shall  be  removed  from  office  on  inipeachraent  for.  and  conv 
tioa  of,  treason,  bribery,  or  other  high  crimes  and  misdemeanors. 
Const.  U.  S.,  Art.  II.  Sec.  4. 

The  trial  of  crimes,  except  in  cases  of  impeachment,  shall  be  1 
jury.— Ci>HJ(.  U.  S.,  Art.  III.  Sec.  a. 

Jurisdiction. — ^The  Lords  cannot  impeach  any  to 

themselves,  nor  join  in  the  accusation,  because  they 
are  judges. — Seld.  Judic.  in  Pari.  12,  63.  Nor  can 
they  proceed  against  a  commoner,  but  on  complaint 
of  the  Commons. — 7b.  84.  The  Lords  may  not.  b 
the  law,  try  a  commoner  for  capital  offence,  on  the 
information  of  the  King,  or  a  private  person ;  because 
the  accused  is  entitled  to  a  trial  by  his  peers  gener- 

Parliamentary  Manual  445 

ally;  but  on  accusation  by  the  House  of  Commons, 
they  may  proceed  against  the  delinquent,  of  what- 
soever degree,  and  whatsoever  be  the  nature  of  the 
offence;  for  there  they  do  not  asstmie  to  themselves 
trial  at  common  law.  The  Commons  are  then 
instead  of  a  jury,  and  the  judgment  is  given  on  their 
demand,  which  is  instead  of  a  verdict.  So  the 
Lords  do  only  judge  but  not  try  the  delinquent. — 
lb.  6,  7.  But  Wooddeson  denies  that  a  commoner 
can  now  be  charged  capitally  before  the  Lords,  even 
by  the  Commons;  and  cites  Fitzharris's  case,  1681, 
impeached  of  high  treason,  where  the  Lords  remitted 
the  prosecution  to  the  inferior  court. — 8  Grey's  Deb. 
325,  6,  7;  2  Wooddeson,  601,  576;  3  Seld.  1610,  1619, 
1641;  4  Black.  257;  3  Seld.  1604,  1618,  9.  1656. 

Accusation. — ^The  Commons,  as  the  grand  inquest 
of  the  nation,  become  suitors  for  penal  justice. — 2 
Woodd.  597;  6  Grey,  356.  The  general  course  is  to 
pass  a  resolution,  containing  a  criminal  charge 
against  the  supposed  delinquent,  and  then  to  direct 
some  member  to  impeach  him  by  oral  accusation, 
at  the  bar  of  the  House  of  Lords,  in  the  name  of  the 
Commons.  The  person  signifies,  that  the  articles 
will  be  exhibited,  and  desires  that  the  delinquent 
may  be  sequestered  from  his  seat,  or  be  committed, 
or  that  the  Peers  will  take  order  for  his  appearance. 
— Sachev.  Trial.  325;  2  Woodd.  602,  605;  Lords' 
Jour.  3  June,  1701;  i  Wms.  616;  Grey,  324. 

Process. — If  the  party  do  not  appear,  proclama- 
tions are  to  be  issued  giving  him  a  day  to  appear. 

446  Jefferson's  Works 

On  their  return  they  are  strictly  examined.  If  any 
error  be  found  in  them,  a  new  proclamation  issues, 
giving  a  short  day.  If  he  appear  not,  his  goods 
may  be  arrested,  and  they  may  proceed. — Seld. 
Jud.  98,  99. 

Articles. — The  accusation  (article)  of  the  Com- 
mons, is  substituted  in  place  of  an  indictment. 
Thus,  by  the  usage  of  ParUament,  an  impeachment 
for  writing  or  speaking  the  particular  words,  need 
not  be  specified. — Sack.  Tr.  325;  2  Woodd.  602,  605; 
Lords'  Journ.  3  June,  1701 ;  i  Wms.  616. 

Appearance. — If  he  appears,  and  the  case  be  cap- 
ital, he  answers  in  custody;  though  not  if  the  accu- 
sation be  general.  He  is  not  to  be  committed  but 
on  special  accusations.  If  it  be  for  a  misdemeanor 
only,  he  answers  a  Lord  in  his  place,  a  Commoner 
at  the  bar,  and  not  in  custody,  unless,  on  the  answer, 
the  Lords  find  cause  to  commit  him  till  he  find 
sureties  to  attend,  and  lest  he  should  fly. — Seld. 
Jud.  98,  99.  A  copy  of  the  articles  is  given  him, 
and  a  day  fixed  for  his  answer. — T.  Ray;  i  Rushw, 
268;  Post.  232.  I  Clar.  Hist,  of  the  Reb.  379.  On 
a  misdemeanor,  his  appearance  may  be  in  person, 
or  he  may  answer  in  writing,  or  by  attorney. — Seld. 
Jud.  100.  The  general  rule  on  accusation  for  a  mis- 
demeanor is,  that  in  such  a  state  of  liberty  or 
restraint  as  the  party  is  when  the  Commons  com- 
plain of  him,  in  such  he  is  to  answer. — Seld.  Jud.  loi. 
If  previously  conmiitted  by  the  Conmions,  he 
answers  as  a  prisoner.     But  this  may  be  called,  in 

Parliamentary  Manual  447 

some  sort,  judicium  parium  suorum. — Seld.  Jud. 
In  misdemeanors,  the  party  has  a  right  to  cotmsel 
by  the  common  law;  but  not  in  capital  cases. — Jtid. 
Seld.  102-5. 

Answer. — The  answer  need  not  observe  great 
strictness  of  form.  He  may  plead  guilty  as  to  part, 
and  defend  as  to  the  residue;  or,  saving  all  excep- 
tions, deny  the  whole,  or  give  a  particular  answer  to 
each  article  separately. — i  Rush.  247;  2  Ru^h.  1374; 
12  Pari.  Hist.  442;  3  Lords'  Jaurn.  13  Nov.,  1643;  2 
Woodd.  607.  But  he  cannot  plead  a  pardon  in  bar 
to  the  impeachment. — 2  Woodd.  618;  2  St.  Tr.  735. 

Replication,  rejoinder,  &c. — ^There  may  be  a  repli- 
cation, rejoinder,  &c. — Seld.  Jud.  114;  8  Grey's  Deb. 
233;  Sack.  Tr.  15;  Joum.  House  of  Commons^  6 
March,  1640,  i. 

Witnesses. — ^The  practice  is  to  swear  the  witnesses 
in  open  Hotise,  and  then  examine  them  there:  or  a 
committee  may  be  named,  who  shall  examine  them 
in  committee  either  on  interrogatories  agreed  on  in 
the  House,  or  such  as  the  committee,  in  their  dis- 
cretion, shall  demand. — Seld.  Jud.  120,  123. 

Jury. — In  the  case  of  Alice  Pierce,  i  /?.  2.  a  jury 
was  empannelled  for  her  trial  before  a  committee. — 
Seld.  Jud.  123.  But  this  was  on  a  complaint,  not 
an  impeachment  by  the  Commons. — Seld.  Jud.  163. 
It  mtist  also  have  been  for  a  misdemeanor  only,  as 
the  Lords  Spiritual  sat  in  the  case,  which  they  do  on 
misdemeanors,  but  not  in  capital  cases. — Seld.  Jud. 
148.     The  judgment  was  a  forfeiture  of  all  her  lands 

448  Jefferson's  Works 

and  goods. — Seld.  Jud.  i88.  This,  Selden  says,  is 
the  only  jury  he  finds  recorded  in  Parliament  for 
misdemeanors;  but  he  makes  no  doubt  if  the  delin- 
quent doth  put  himself  on  the  trial  of  his  country, 
a  jury  ought  to  be  empannelled:  and  he  adds,  that 
it  is  not  so  on  impeachment  by  the  Commons;  for 
they  are  in  oco  propria,  and  here  no  jury  ought  to  be 
empannelled. — lb.  124.  The  Lord  Berkeley,  6  E.  3, 
was  arraigned  for  the  murder  of ,  L.  2,  on  an  informa- 
tion on  the  part  of  the  King,  and  not  on  impeach- 
ment of  the  Commons;  for  then  they  had  been 
patria  sua.  He  waived  his  peerage,  and  was  tried 
by  a  jury  of  Gloucestershire  and  Warwickshire. — 
76.  125.  In  one,  i  //.  7,  the  Commons  protest  that 
they  are  not  to  be  considered  as  parties  to  any  judg- 
ment given,  or  hereafter  to  be  given  in  Parliament. 
— lb.  133.  They  have  been  generally,  and  more 
justly  considered,  as  is  before  stated,  as  the  grand 
jury.  For  the  conceit  of  Selden  is  certainly  not 
accurate,  that  they  are  the  patria  sua  of  the  accused, 
and  that  the  Lords  do  only  judge,  but  not  try.  It 
is  undeniable  that  they  do  try.  For  they  examine 
witnesses  as  to  the  facts,  and  acquit  or  condemn 
according  to  their  own  belief  of  them.  And  Lord 
Hale  says,  "  the  Peers  are  judges  of  law  as  well  as  of 
fact." — 2  Hale,  P.  C.  275.  Consequently  of  fact  as 
well  as  of  law. 

Presence  of  Commons. — ^The  Commons  are  to  be 
present  at  the  examination  of  witnesses. — Seld.  Jud. 
124.     Indeed,  they  are  to  attend  throughout,  either 

Parliamentary  Manual  449 

as  a  committee  of  the  whole  House ;  or  otherwise,  at 
discretion,  appoint  managers  to  conduct  the  proofs. 
— Rushw.  Tr.  of  Straff.  37 ;  Com.  Journ.  4  Feb.,  1709, 
10;  2  Wood.  614.  And  judgment  is  not  to  be  given 
till  they  demand  it. — Seld.  Jud.  124.  But  they  are 
not  to  be  present  on  impeachment  when  the  Lords 
consider  of  the  answer  or  proofs,  and  determine  of 
their  judgment.  Their  presence,  however,  is  neces- 
sary  at  the  answer  and  judgment  in  cases  capital- 
lb.  58,  159;  as  well  as  not  capital,  162.  The  Lords 
debate  the  judgment  among  themselves.  Then  the 
vote  is  first  taken  on  the  question  of  guilty  or  not 
guilty;  and  if  they  convict,  the  question,  or  partic- 
ular sentence,  is  out  of  that  which  seemeth  to  be 
most  generally  agreed  on. — Seld.  Jud.  167;  2  Wood. 

Ji4dgment. — ^Judgments  in  Parliament,  for  death, 
have  been  strictly  guided  per  legem  terra,  which 
they  cannot  alter;  and  not  at  all  according  to  their 
discretion.  They  can  neither  admit  any  part  of  the 
legal  judgment,  nor  add  to  it.  Their  sentence  mtist 
be  secundum,  non  ultra  legem. — Seld.  Jud.  168,  169, 
170,  171.  This  trial,  though  it  varies  in  external 
ceremony,  yet  differs  not  in  essentials  from  criminal 
prosecutions  before  inferior  courts.  The  same  rules 
of  evidence,  the  same  legal  notions  of  crimes  and 
punishments,  prevail.  For  impeachments  were  not 
framed  to  alter  the  law,  but  to  carry  it  into  more 
effectual  execution  against  too  powerful  delinquents. 
The  judgment,  therefore,  is  to  be  such  as  is  war- 

VOL.  II — 29 

45*  Jefferson's  Works 

ranted  by  legal  principles  or  precedents. — 6  Stra.  Tr, 
14;  2  Wood.  611.  The  Chancellor  gives  judgments 
in  misdemeanors;  the  Lord  High  Steward,  formerly, 
in  cases  of  life  and  death. — Seld.  Jud.  180.  But  now 
the  Steward  is  deemed  not  necessary. — Fost,  144;  i 
Woodd.  613.  In  misdemeanors,  the  greatest  cor- 
poral pimishment  hath  been  imprisonment. — Sold. 
Ji4d.  184.  The  Bang's  assent  is  necessary  in  capital 
judgments,  (but  2  Woodd.  614.  contra.)  but  not  in 
misdemeanors. — Seld.  Jud.  136. 

Contimuince. — ^An  impeachment  is  not  discon- 
tinued by  the  dissolution  of  Parliament;  but  may 
be  resumed  by  the  new  Parliament. — T.  Ray.  383; 
5  Com.  Jour.  23  Dec,  1790;  Lords'  Jour.  May  16, 
1791;  2  Wood.  618. 

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